Acts and Monuments Volume 1
2. Item, when a temporal man is sued by any Clerke or spiritual man, for the possession of his land, obtaining an adiornament of the secular power, in the cause of nouite or otherwise: The prelates officials stopping hereby the temporal jurisdiction, at the instance of the Clerke calleth by process before them, both the secular judge and the party: inhibiting them to proceed any farther in the cause, under pain of excommunication and forfeiture of a certain sum.
3. Item, although the secular judge have the cognition of all lay men's matters (except in spiritual causes) yet will y • Bishops Officials at the instance of any partye, call such before them. And if the temporal mē do except against their jurisdiction, alleging the incompitency of the judge, or else if they require the cause to be remitted to them (under whom they are) as the right judges, yet doth the Officials refuse this to do, yea and by excommunication compel the parties to proceed before them.
4. Item, the Bishops Officials at the instance of the clerks, alleging that they are injured in matters of inheritance by a lay man, call by process the laity. And if it be alleged that those causes stand vpō reality, being so indeed, & for that consideration the cause to be remitted to the temporal law: This notwithstanding the Officials prohibit them under pain of excommunication or some great forfeit, not to proceed but before them.
5. Item, the Bishops Officials take upon them to hear the plea of such contractes as either be conceived in writings or made by word of mouth in the temporal law, sending out their monition of excommunication against thē that stand bound concerning the same contractes.
6. Item, the Bishops and Prelates decree provincial councils and Sinodall Statuts, enacting & ordering therein many things to the high & great prejudice of the temporal jurisdiction, wherein they ought to have no cognitiō at all neither to intermeddle themselves therewith.
7. Item, the foresaid Officials take upon thē, before Notaries to swear persons for performance of contractes & bargaynes (made by them in places under the jurisdiction temporal) concerning the sale of inheritance or otherwise: encroaching thereby upon their jurisdiction, when verily they have nothing to do with any contracts and obligations, but with such as are made and agreed upon within the compass of their own seat and jurisdiction.
8. Item, the said Officials of there mere office, call before them the laity, to answer to such matters of correctiō as shall be laid to their charge; the cognition where of as they say doth appertayn unto them. And when the said persons do appear before them, & deny the crime objected against them: the Officials deteyne them and put them in prison, although in such cases, they are to be released: and that imprisonment appertaineth only to the temporal power, & not to them.
9. Item, in the cases aforesaid, although by making of their purgations and other the process therein, they be found clear of that which is laid to their charge and are acquitted: these yet the said officials will in no wise discharge and dismiss thē before they have to the uttermost paid for the writings and process in that behalf, a good piece of money: when by law it ought to be done gratis and for nothing.
10. Item, it must not be forgotten to talk of the sentence of excommunication, which is decreed by virtue of one only citation, so often times as a man sayleth in his appearance.
11. Item, mentiō is to be made of those kind of obligatiōs De nisi. whereby a man is excommunicated by and by, if he make not payment at the day prefixed, although he be not able so to do.
12. Item, whosoever by virtue of excommunicatiō in the Bishops court is excommunicate, and he •• excommunicate do not satisfy the sum due about the excommunication: by & by the sum is doubled: And the secular power charged by the bishops or their officials, that they under pain of excōmmunication compel the excommunicate by attaching their goods to pay the said sum, and not to miss a jot: which monitiō if the layry refuseth to put in executiō, they themselves are then excommunicate & in no wise to be absolved before they disburse that money the which the principal excommunicate person should have paid.
13. Item, if the Balifes, Hedborowes, or other the kings officers and judges of the temporaltye, receiving the foresaid monitions do put the same in execution, & find those that be excommunicate to be beggerlye and nothing worth: the said officers are bound at their own proper costs and charges, to resort to the Bishops sea or consistory, where soever it is, & there to take a corporal oath, that y e parties excommunicate are nothing worth. This if they fail, those officers are sure to be excommunicate and thereby enforced to disburse the due of the first excommunicate persons.
14. Itē, if two lay men be in suit together before a temporal judge about an action either real or personal, & one of thē after contestation of law and great process therein, do appeal unto an ecclesiastical judge: he will presume then to detain before him the plea of such cases & actions, both real & personal, causing by virtue of his monitions & authority, the temporal judge to cease & leave of from meddling therein: which if the secular judge obeyeth not, he is pronounced excommunicate & compelled to make satisfaction: by occasions whereof, the temporal jurisdiction is much annoyed and clean loseth the prerogative thereof: because by law no man may appeal from a spiritual judge to the temporal law.
15. Item, if a lay man inhabiter of any the kings towns, procureth his debtor, being also a lay man, to be arrested by virtue of secular justice in that place: & he which is so arrested appealeth, & causeth also his creditor to be arrested, the officials will take vpō them to hear this matter: And if anything be attempted concerning the appeal, they miss not to demand cost and satisfaction both of the justice, and also of him to whom the arrest was made. And if any of y e Princes retinne compelleth them to resist this injury, they are straight ways pronounced excommunicate.
16. Item, if the said Bishops have a number of Officials under them, whom they term Deans of y e clergy, which usually causeth all sorts of people through the kings dominions only by word of mouth to come afore thē, & that sometime without commissiō: when that in every Dioces there ought only to be but one seat or Consistory, where •• matters should be heard and decided. And hereby it happeneth diverse times, that many are wrongfully & without cause cited, & to the end: that they may pay money enough, to rid themselves thereof: which is to the no small prejudice of the Kings Majesty’s subjects and the temporal jurisdiction.
17. Item, the said rulers of the clerks, sealeth up the houses of their clergy, which are situate in the kings towns and other of his noble men's villagyes, to the preindice of the kings maiestyes jurisdiction, & other of his nobility: for that in such kind of places the Bishops have no such kind of jurisdiction.
18. Item, the said Prelates or their officials, do presume to seal up the movable goods of married Clerks, and of marchaunts, where in such cases, the order thereof appertaineth to the temporal law.
19. Item, they compel the laity to put in surety to answer clerks before them in the spiritual court, yea and chiefly the kings own seruitures.
20. Item, they presume to hear and have the cognition of actions: which are real or at leastwise mixed, that is both real and personal.
21. Item, the said prelates go about to have cognition of such temporal men's matters as dwell in hospitals, alms houses, & the kings peculiars, and in villagies of his subjects, although the plea thereof appertaineth to the King himself, and his subjects: forbidding under pain of excommunication & great forfeits, no man so hardy to commonce any suit against any of them, but before thenselves in pain of a great sum of money.
22. Item, to the end the Clergye and Ecclesiastical rule should be multiplied, they confer a number of Tonsures to children under age, some of them being sons of bondmen, other some bastards borne, yea and to many more married folks insufficient, unable and unlearned.
23. Item, they do cause by the governors of their clerks, widow women to be enforced & defiled, and will have the discussing thereof: as in like manner, they will determine the matters of Pupilles, applying their goods whē they died, as they do the goods of them which die intestate to their own use, the cognition whereof belongeth to the king him self: because those kind of persons with their goods are ward to the kind and under his tuition.
24. Item, they procure through the said Deans of the clergy of malice, temporal men of the kings dominions or other where (without all order of law) to be apprehended: objecting against them that they have strayed from some article of Christian faith, & therewith shut them up: when that their imprisonment appertaineth to the king, while they be convicted thereof.
25. Item, they exercise their jurisdiction in all places, having no regard, neither to the kings peculiar towns nor yet to his subjects: but runneth in every hole, whē by law they ought to have no jurisdiction, without their own limits and precinct.
26. Item, when these Prelates or their officials by virtue of their monitions do charge the kings officers & his iustices to execute anything: if they do not perform that, which is prescribed unto them, the forfeit (which the monition containeth) is taken: yea and excommunication denounced. And this is a new invention sprong up of late amongst them, much to the prejudice of the King and his subjects.
27. Item, when the Bishops or their o •• rals do prosecute a matter of office before themselves against any temporal man, and have no proof thereof: They compel many of the laity to be deposed therein what they know, having no respect whether they be the kings burgesses, or no, or what they be, and yet will they not allow any charges & expēses for their pains taken in that behalf. But if they appear not at their day, they are sure to be excommunicate.
28. Item, if malefactors be apprehended by any of the kings iustices, and indicted of thest, and he (whose goods they were which were stolen) cometh before the kings Sheriffs and proveth thē to be his, and therefore the matter to be ordered by thē: if afterward the Bishops or their official affirm the said selon or malefactor to be a Clerke, they will by virtue of their decrees or monitions compel the Kings Sheriffs to restore and bring in the stolen goods and if they do it not, they are pronounced excommunicated.
29. Item, if it hap̄ the kings Sheriff or Baylife to take an offender for his defense, and he affirmeth himself to be a clerk: although he never took any kind of tonsures or orders, wearing no habit apertaining thereunto. Yet the Bishops or their Officials will cause the detayners of thē by their censures to deliver unto them the said malefactor as their clerk.
30. Item, if it happen the kings Sheriff or other his iustices to take a thief or murderer which beareth a clerks mark and tonsure, and therefore delivereth him to the clergy to be ordered: It shall not be long before he be aquitted by them, although he afterward recognise his fact: yea & notwithstanding his fellows and parteners of that offense being mere temporal, received justice for the same, and appeacheth him thereof. And so the like malefactors to be encouraged thereby to commit after the like.
31. Item, if any complaineth and saith that he is spoiled, by and by the Officials will decree a monitiō against the spoyler: by virtue whereof. someone of the Deans of the clergy shall monish him, to restore the things comprised in the monition & also minister to him an oath whether he hath not spoiled the plaintiff of such things, as he saith he was spoiled of. But if he refuse to take an oath before him, then the Dean will straightways seal up y e monition, & excommunicate him: and by no means shall be absolved before he restore and satisfy the contents in the monition, whereof the playntif said first he was spoiled of.
32. Item, if any for his offense be cast into prison by the secular power, although at the time of his taking he were temporal habit, and was in no orders, but all the days of his life lived like a temporal man: yet if he shall avouch & vow himself to be a clerk, to the intent to have more expedition at the clergyes hands, and to escape unpunished: The clergy will incontinent, give to the laity in commandment to restore unto them the malefactor, or else suspēsion to be denounced throughout the whole township where the said malefactor shall be so imprisoned. And for avoiding the jeopardy which might arise of the said seasement: the secular judge of necessity is compelled to deliver them the offēder, to the great prejudice of the kings temporal jurisdiction, to whom the cognition thereof might appertain, in case of resort and prerogative.
33. Item, when any offender is delivered by the temporal Magistrates to the clergy, as their clerk: his friends will make suit to the Bishops Officials for him, and compoūd with them: by reason whereof, they demisse them unpunished and so do worse and worse, although their fact was never so notorious.
34. Itē, so soon as any married clerk being a merchant, or of whatsoever other science he be of, for any his offense by him committed, is called before he secular judge: The said clerk obtayneth of the Officials a monition, bringing with them some priest, who doth inhibit the secular judge under pain of 100. or 200. Markes, yea and of excommunication to, not to proceed farther, nor to meddle in such causes, and not to molest such parties neither in body, nor in goods. But if the judges obey not, they shall be suspended frō hearing of Mass in that place, although the matter concerneth the fact of marchaundise.
35. Item, the said Officials grant citations without mumber against the laity in cases of warranties personally to ascite before thē persons unknown. But if they be known it is contained in the citation that in no wise, and that under a great pain, he cause his adversary to be called before a secular judge, during the return of the citation.
36. Item, when one is excommunicated in any place: the Officials grant out personal citations against them, which do perticipate and are conversant with the excommunicate: causing a whole country by the space of 8. miles about to be cited together. And further the friends and acquaintance of the party so excommunicate (sometime by 40. sometime 60. yea and sometime by 100. at once) are compelled to make their purgation before them: that they do not participate nor keep company with their friends the excommunicates. Whereby ensueth that many honest old and ancient men for avoiding of troubles and expenses do pay some 12. d. some 2. s. By occasion whereof many vines are unlooked to, much ground untilled: yea and many good men constrained to lay the key under the door, and run away.
37. Item, the said Officials do burden many persons of good name and fame, to be userers: whereby they are constrained to agree with them, for avoiding the infamy, that thereby might ensue.
38. Item, the foresaid Officials call by Citation afore thē, the honest wedded (as well man as woman) charging thē, that they have committed adultery to the perpetual infamy of their husbands and wives. And for nothing else but by extortion to wring money from them.
39. Item, mention must be made of the multitude & number of Proctors, which eat and devour up all the world with their citations: catching up clientes, and keeping abroad in the countries, courts and Assizes, who for money return not the citations, which by extortion they receive of them which are cited.
40. Item, there be many other griefs and enormityes, which the Chapiters, Abbotes, Priors, Prouostes and other ecclesiastical persons in the Realm of France, practice against the people. As whē they cause to be cited before them, many of the kings burgesies, & other in diverse places being privileged: that is to say, Baiocēses, Manmectans in Britain, Lugdons, Masticous, with other more. But specially the Prouos▪ of hospitals, use more commonly this trick, then any other do: whereby the people is much endamaged, and will be every day more and more, if remedy be not had therein.
41. Item, ecclesiastical magistrates labor to have cognition of causes of injury, in whatsoever cause it be: whether the injury be committed by word or fact. Likewise, they take upon them to hear the causes of married clerks, and of their wives although they both use marchaundise. And if at any time such couples be taken by the secular Magistrates, the Officiall causeth a suspension to be denounced in that Parish, by force of the council Siluanecten.
42. Item, they challenge to have cognition concerning widows goods, both movable and unmovable. And if it happeneth at any time that a Marchaunt widow, in any the kings peculiars by way of rest, procureth any temporal man to be convented before the secular judge: and the matter so far trauised, that he should have been condemned by the sentence of the secular judge, & then come to the ear of the ecclesiastical magistrates, how & before whom the widow did conuēt him: The said temporal judge shall be constrained, to withdraw the same. And by their monitions and censures to correct the same and this often̄ times happeneth.
43. Item, many of the tenaunts & inhabitours of the Bishops lands, calleth one another to the court of y e Officials by a kind of appellation: By virtue whereof, the Officials take upon them, to proceed in the same and to have cognition thereof: to the prejudice of the temporal jurisdiction of our sovereign Lord the king.
44. Item, if any man be apprehended by secular justice in shedding of blood: by thē if he be Lay, he is to be ordered: If he be a Clerke he is to be restored to the Ecclesiastical judge. But whether he be a temporal man or clerk that is so takē, and appealeth to the Officials court: They will be so bold to have cognition thereof, requiring herewith amends of the secular court, which enterprised the foresaid apprehension. If this be suffered, the malefactor shall never be punished: For by and by they will appeal, and immediately after the appellation fly and avoid away.
45. Item, when they cause many of Office, to be cited before them, they will admit them to have no Proctors: To whom when they come at the day of appearance, they object the crime of usury. And except they answer as the promoters will thenselves, they are trodē under feet (although they be mere lay) and shall not be dismissed, before they fine even as the Officials list themselves although they be no userers. But if any be userers, they take of them satisfaction and bribes: and so be permitted to use their usury, no less then before. So that, they may have their old fees and bribes.
46. Item, they procure their officers to apprehend clerks in whatsoever soil they be found: albeit by justice, they may appeal therefro. But if by any they be let of their will, here in they do forthwith by sentence of excommunicatiō, cause them to desist therefore.
47. Item, as often times as any temporal Magistrate, doth apprehend any person, which afterward being required of the clergy, is quietly delivered unto them: yet for all that, the Officials causeth those Magistrates to be denounced excommunicate by law.
48. Item, the Prelates give order of Tonsures as well to men of 30. years as upward, as also to married men, whē they come unto them: for fear of imprisonment & punishment due unto them for their criminal offenses, before committed: And this is often times put in practice.
49. Item, if it happen any of the kings servants or any other to be excommunicate, & would fain be absolved, being glad to pay reasonably for the same: The Clergy will not receive but such satisfaction, as shall please thē whereby many of them remain still excommunicate.
50. Item, when two persons have been at strife and law together for the possessiō of land, and the matter contentious be put into the hands of the king by some servant or officer of the king, for the taking up of the matter: then do the Prelates admonish the one part, not to trouble the other which is in possession. Otherwise if he do, they do excommunicate him.
51. Item, the foresaid Prelates, Deans. Chaplens, and other the rout of the Clergy, putteth the kings officers to so much travail and expenses in trying out the kings usurped iurisdictiō, as they term it: that often times many of them spend and consume in the trauaell of the right and title thereof, all that they have and more to.
52. Item, if any secular iusticer in a true and just cause, at the request of the party, putteth in his helping hand concerning the inheritance of Clerks: the Ecclesiastical Judges and their Ministers, sendeth out monitiōs in writing against the said Justicer: yea under pain of excommunication & forfeiture, to take away his hand and leave of: Enioyning him further to suffer the other party quietly to enjoy the said things. Otherwise they denounce him excommunicate, & shall not be absolved before he have well paid for it, even as pleaseth master Officiall, to the high prejudice of the authority of our sovereign Lord the king.
53. Item, the Ecclesiastical magistrates, so soon as they hear any rich or fat Cob to die, or think that he will not live long: send out forthwith letters under seal to their chaplain, commaūding him in any wise not to presume to bury him, although he made his Testament, and received the rites of the Church. And when afterward, the friends and kinsfolks of the dead resort unto them to know the cause of their inhibition: they declare unto thē that he was an usurer, and that he kept not the commandments of holy Church: And so long keep they the corpse of the dead vnburyed, while the friends of him buy it out with good store of money, heaping & hording by these means abundance of riches.
54. Item, if there be any violent shedding of blood in any churchyard, whereby the interdict taketh place: the Clergy causeth a certain impositiō to be levied of the parishioners there, for the salary towards y e restoring thereof. Although some of the parishioners be of an exempt iurisdictiō: yea & although he which shed the blood be able to pay the whole tax which they leuyed and more to.
55. Item, certain Chaplains affirm to have certain Apostolical privileges, by virtue whereof they may appoint what Judges they will (yea and oftentimes of their own house) & so be judges in their own cause, which is plain against the law. whereby often times it happeneth, that after great process & expenses had & made in any great cause of inquest (more often about reality then otherwise) when they have notice by the Proctors and Advocates that they shall have the foil therein: they revoke forthwith those named Judges, and so the kings subjects are damaged, and can have no justice nor redress at their hands.
56. Itē, if any temporal man call a Clerke before a secular judge in a case of inheritance: the ecclesiastical judge procureth a stop to be made therein, attributing to themselves the cognitiō thereof: and so by adiourning & removing, the lay man is constrained to make satisfaction.
57. Item, the clergy challengeth the cognition of such causes as married Clerks being merchants and artificers do commence: when by law it doth appertain to the temralty, especially about the trade of Marchaundise.
58. Item, they oftentimes make interdictions in many of the kings towns and holds, and cause the divine service to cease: against the privileges granted by many of the high Bishops of Rome to our sovereign Lord and master the King.
59. Item, to and for the maintaynance & keeping of their temporalties, they appoint Baylifs & other officers: who if they do offend, may not condignly be punished according to law and justice.
60. Item, the Ecclesiastical Judges have promoters belonging unto them: who whē any man is excommunicated (be it right, or be it wrong) they cause to be made, that no man shall work or do anything for him that is excommunicate: whereby the lands and vines are often times unlooked to and untilled, to the no small prejudice of the king and his common people.
61. Item, the foresaid Promoters cause Citation to be made out, by virtue whereof they call in one citatiō, 20.30.
40. persons to appear, for participating with such Interdicted persons: taking of some 10. of other some, 20. s. as much as they be able to make: whereby, the commō people are much oppressed.
62. Item, the Ecclesiastical Judges cause all the Advocates of their courts to be sworn, that none shall retain them of their Counsel against any of them, without their license, whereby oftentimes, the poor man quite leeseth his right, and the Kings cause is delayed: Because, his Solliciters cannot freely retain counsel, without special license.
63. Item, they will make Inuentories of their gooddes which die intestate, or without making of will: And will have the possession of thenir goods, as well movable as unmovable in their own hands to distribute to the hetres, or to whom they list.
64. Item, the execution also of Testaments they take to their own hands, taking inuentories of dead men's goods, and keeping and disposing them to the heirs after their pleasure. And have officials properly deputed for the execution thereof.
65. Item, they will not give credit (sometimes) to testaments made before witness, unless they be first by their own Officials approved.
After he had thus spoken, the prelates required to have time to answer thereunto. whereupon was appointed for the same the Friday next ensuing. On the which day, the Bishop Eduen, & Archbishop or Senon elect in the name of the whole clergy answered for them all before the king, holding his Parliament as that day at Uicenas, and thus he there proposided. For so much as the Lord Peter Cugner of late propounding against the Church of France, took to his Theame that is written in the 22. of Matthew: Render unto Caesar, that which is Caesars, and unto God, that which is God's: by which words he said, two points were to be noted: First, the reverence and subjection of the Prelates, that they ought to have to the king their sovereign: Secondly, the division of the temporal iurisdictiō from the spiritual. The which first part he proved out of the first Epistle of Peter in the second Chapter, where it is written. Submit yourselves unto every creature, for the Lord's sake, whether it be unto the king, as unto the superior: or unto governors, as unto them that are sent of him: for the punishment of evil doers, and for the praise of them that do well. The second point he proved by the words of our Savior Christ in the 22. Chap. of Luke where the Apostle saith: Lord behold, here are 2. swords: And he said unto them it is enough, signifying by the two swords the two jurisdictions. And in likewise out of the 17. of Math. where Christ would pay tribute for him and Peter. Geuing hereby an example, how that Ecclesiastical persons were bound to pay and yield to the temporal power the tēporalities, which also is proved in y e 11. quest. prim. cap Si tributum, & cap magnum.
And further, because this is proved by man's law, where it is said, 2. great gifts are bestowed, Priesthood and Empire: The priesthood to rule over matters divine: the Empire to bear domination over human matters. whereby he concluded, that when these jurisdictions are distincted of God: The one being given and limited to the church, and the other to the temporalty: That in no wise the Church ought to intermeddle, or to have anything to do with the temporal jurisdiction. For it is written in the 22. of the Prouerb. You ought not to pass the old limits & bounds, which the forefathers have set. And well by the way be bringeth in this word, old & ancient: Because customs brought in to the contrary, be of no force, but rather are counted abuses & corruptions. Neither can prescriptiō take place, for that ius fisci is inprescriptible: neither cā the king abrogate frō himself such law, nor renounce his right: proving the same by many chapters contained in the 10. Dift. Wherefore seeing the king at what time he was crowned, sware not only not to alienate or infringe y e laws of his realm, but also to call in such laws as were alienated & usurped either by the Church or by any other: y e king was bound by his oath to revoke the same abuses:
In especial he did exhibit many articles in writing wherein (as he said) the Church did usurp upon the iurisdictiō temporal. To answer these premisses which conciling of the places (under protestatiō whatsoever I say or shall say) it is not to ground or make any final judgment or determinatiō herein: but only to inform y e conscience of our sovereign Lord the king and his assistaunts here assembled, alleging the first Epistle of Peter the 2. chapter, where he saith: Fear God & honor the king. By which words, the holy Apostle S. Peter teacheth us 2. things. First that love, fear, & obedience, is due unto God for the mightiness and puissaunce of his Majesty: saying, Fear God. Secondly, how special honor & reverence is due to the King, for the excellency of his dignity: saying, Honor the King. But note you by the way, how the Apostle placeth his words: First he saith, that fear is due unto God: because principally and in chief we ought to fear GOD: For if the King or any other should command things contrary to God, we ought to have no regard there of: but to contemn the King & fear God For it is written in the 5. of the Acts of the Apostles. we ought rather to obey God then men: and also in the 7. chap. of Machabes the 2. book: where it is said: I will not obey the commandments of the king but the law.
The reason whereof, S. Augustine giveth both in the gloss upon the Romaines, & also in the 11. quaest. 1. He that resisteth the superior power, resisteth the will and ordinance of God. But put case thou art commanded to do that which thou mayest not do, or to do not that which thou oughtest to do. Doubtless, thou must neglect the lesser power, and fear the higher, learning the degrees of worldly things.
As for example be it so, that a Proctor commandeth thee anything, which (if the same be against the Proconsull:) thou oughtest not to follow it. Yea and further, put case the Proconsull commandeth one thing, the Emperor another, and God willeth the third: Thou must not care for thē, but obey God, for God is the greater power: For they may threaten thee with prison, but GOD may threaten thee with hell fire: they may slay and kill thy body, but God may send thee body and soul to perpetual hell fire. And therefore worthily it is put first, Fear God. And here the place in the last of Ecclesiasticus is to be adjoined: where it is written: Fear God and keep his commandments.
And me thinketh that man is bound to fear God chiefly in three sorts. That is to say: First in the bountiful bestowing of his gifts and benefits. Secondly, in the evident promoting of his servants. And lastly, in the full rendering and restoring unto man that is his.
First, I say in the bountiful. &c. and for this cause the Emperor Justinian writeth: although there is nothing to be accounted good which doth exceed and is to great, yet for a prince to be stow accordingly vpō the church, it is very good. For why, the king and Emperor is bound to bestow so much the more substance, how much the more God hath given to him: & to bestow the same both frankly, and especially to famous Churches, wherein the best & greatest measure is of the Lord's gifts, that is a great gift. And to this end Gregory enacteth a law, cap. i. extra. de donationibus, that nobility ought in manner to prescribe this law to himself: to think himself bound to give, whē he giveth freely: & unless he increase in giving still, to think that he hath given nothing.
Wherefore, Abel, as appeareth in the 4. chapter of Genesis, who offered of the best to the Lord, was blessed of God. And therefore other Kings, the more they offered to God, the more they were both spiritually and temporally blessed of him: As we read of Joshua, David, Solomon & other in the book of the Kings: and therefore it is so written in the 18. of Numbers. And ye shall separate unto the Lord's treasury, things that be chiefest and most principal. As likewise David saith in the first of Paralipomenon last chapter. I have given all this with a glad heart, even with a good will, and now have I had joy to see thy people which here are present, offer with a free will unto thee. And no marvel, for David saith in that place: For of thy hand we have received all, and to thee we give. And therefore it seemeth to me, that because the Kynges of France and Barons of the same, more then any other hath given to GOD and his Church: therefore they were happy and blessed above all other kings, and the more they did give to God, the more they received at his hands.
Examples whereof, we have of Clodoue, Charles, and S. Louis: the more one giveth to God, the more he receiveth of him: For he in the 6. of Luke hath promised, give and it shall be given unto you. wherefor, a gift that a Prince bestoweth upon the Church is rendered again with triple increase, and that no less in time of war then in time of peace. I say in war time: because victory proceedeth of no other but only of God, for it is writ̄ in the 1. Machabecs the 3. Chapter. The victory of the battle standeth not in the multitude of the boast, but the strength cometh from heaven. And likewise, in the 17. Chapter of Exodus it is declared, that when Moses held up his hands Israel had the victory: but when he let down his hands Amalec had the victory. To this end also serveth the last chapter Machabes. 2. where Judas being at the point to have the victory, thought he saw Amon and Jeremiah (which had been high Priests and very virtuous men) holding up their hands toward heavē, and praying for their people and all the whole Citye. &c. Likewise in peace time now, the long days of the king and of his sons: their peace, prosperity, & obedience (by the prayer of the Church) is maintained & supported in the realm. For as long as Solomon was bent and givē in building the house of God so long he had peace: who thus in the 16. chap. of the Proverbs teacheth us. when a man's ways pleaseth the Lord, he maketh his very enemies to be his friends: And also in 1. Esdras 6. chapter, where it is read, how the Priests were commanded to offer sweet favors to the God of heaven, and pray for the kings life and his children. And well therefore may it be called a gift both favorable & irrevocable, whereby victory is given, life granted, and peace with security conserved. To serve therefore God, & liberally to give toward the worshipping of him: is the chiefest sign and token of divine fear & love. Eccl. cap. 2. O ye that fear the Lord believe him, & your reward shall not be empty.
Secondly, concerning the fear of God, I do you to understand, that among the precepts of the Lord, the first and chiefest commandment of the second table is, To honor thy father. which precept is very well expounded to y • Hebrews in the 12. chapter. where it is not only meant of the fathers of our bodies, but also of the father of spirits. For as spiritual things far exceedeth temporal matters: so much more a great deal y • spiritual son is bound to reverence the spiritual father, & to be in subjection unto him that he may live. And that the Priests and Prelates be the spiritual fathers, it is proved in the fourth book of the kings the 6. chapter. where the king of Israel called Elisha father, saying: my father, shall I finite them? Unto this effect serveth the 10. of Luke, where our savior said to the Apostles (whose successors the Bishops are) he that heareth you heareth me, & he that despiseth you, despiseth me. Also in the first to the Thessaloniās 4. chapter. He that despiseth you, despiseth not men, but God. wherefor, Justinian the Emperor in another place saith: we have great care to the Church of God, that therein may be true doctrine and integrity of Priests life. which having we trust that for our great gifts we shall receive such rewards at God's hands, both as be durable, and shall remain: yea and also that hitherto hath not happened. Blessed S, Jerome in his Register writing to a certain Emperor, which is also to be scene in the decrees. decr. 11. q. 1. saith: Let not the Emperor disdain priests, but have special regard on them for his sake whose servants they be: and so let him rule over them, that due and condign reverence be given unto them. For they in divine Scriptures are sometime termed God's, sometimes named Angels Exodus. 22. Then shall both their causes come before y e God's. Also Malachi the second, the Priests lips should be sure of knowledge, that men may seek the law at his mouth: For he is a Messenger of the Lord of hosts And therefore is it no marvel, if we should vouchsafe to honor them, when God himself in his speech attributing to them honor, termeth them God's and Angels. And here is to be noted, how Constantine the Emperor, when certain of his subjects presented unto him libels accusatory against the Bishops, received them at their hands. But calling before him those Bishops which were accused therein, cast in their sight those libelles into the fire, saying: depart you hence and discuss these matters within yourselves: For it is not convenient and meet that we judge God's, because it is written: God stood in the sinagoge of God's, and in the midst of them he did judge God's: in which chap. it is declared, how that the Pagans who worshipped gold̄ & wooden God's, attributed great honor to the Priests. what marvel is it then, if the godly & great and Christian Emperors do honor & reverence the priests of the true God? And doubtless, it is their duty so to do. And it is reason which the Lord Peter the last day said, in this point. That there are two powers, priesthood and dominion, the one spiritual, the other temporal which no less differeth one from the other, then the sun from y t moon, the heavē from the earth, and gold from lead. And therefore if honor is due to be givē to y e lesser power, by thē that be vnderneth him: he y e is chief of the higher power, of right good duty is to be honored, and reverenced of all under him as expressly is declared Cap. Solit, Dema. & ob. In which chap. answer is fully made to the allegatiō of y e L. Peter (alleged by him to make for his purpose) that is to say: Beye subject to all creatures for God's sake. &c. There he speaketh of the subiectiō which standeth upon y • merit of virtue, & not upon the duty of necessity. For else if he should speak of y e subjection which is by duty of necessity, thē must it needs follow, that every bishop ought to be subject to every beggarly rascal in the city of Paris. For y t text is, be ye subject to all human creatures: but a rascal is a human creature: ergo, bishops must be subject to a rascal. Of y e dignity of a B. Ambrose talketh in his pastoral: The honor saith he, & the majesty of a B. is without all comparison: If you compare it to the royalty of a king, it is evē as you would compare metal or lead to y e beauty of gold. For y e is to be seen, y t kings & princes stooping under the knees of priests, & kissing their right hand: think thenselves to be defended by their prayer. And because y e kings of France have more then other, honored & reverenced y e Prelates: they have above all other flourished & prospered. It is said in Eccle. 4. he that honoreth his father, shall rejoice in his sons. And it followeth there, he that honoreth his father, shall live a long life. This is therefore the sign of the fear of God. And as it is written in Eccl. 4. He that feareth God, honoreth his parents.
Thirdly I say, that a man ought to fear God, in the full reverencing & restoring unto man that is his: For he that doth not give to another y • is his, but goeth about to usurp, doubtless he feareth not God. Contrary, he that restoreth all again, he is said to love & fear God. Ecclesiast. 18. He that feareth God will do good things. And in the Psalm, I have been afeard of thy judgments, and have done judgment and justice. For as the Lawyers say which is true: A thing may be made mine diverse ways, as by succession, commutatiō, prescriptiō, or any other acquisition, either by law or custom. And so of the rest. And where as the Lord Peter the last day, by distinction of iurisdictiō temporal & spiritual, endeavored to prove that he which had spiritual jurisdiction, ought not to have temporal: Otherwise there were no distinctiō thereof, but rather a confusion of jurisdictions. I will therefore prove the contrary, that these jurisdictions are cōpatible both in one person, especially in an ecclesiastical man. And this I will prove by the law of God, by the law of nature, canō law, civil law, by custom, and privilege. But first I aledge, that accidental forms some of them are so distincted, that they are not clean contrary, but disalike: as whiteness and sweetness. Other forms there be which are so distincted, y e they are clean contrary one to the other, & are not cōpatible in one subject. For one contrary expels another, and emporteth the negative of y e other. wherefor those things be contrary, which one from another are most of all distāt and disagreing, and in one susceptible may come one after the other, but not together, as the Philosopher teacheth in the Predicamentes. But those forms which are so distincted, that they be not contrary but disalike: are compatible in one subject, as quantity and quality, which being distincted in respect of their Genus generalissimum, yet may be in one person. And fortitude and temperance being under one kind of moral virtue, are found to be in one mā, as Logic and Grammar, which are also species & kinds in one genus, viz. of intellectus. Therefore it is no good argument: These forms be distincted, ergo, they be not compatible in one subject. And therefore that the jurisdictions temporal & spiritual are so distincted, that they are not contrary but cōpatible it is evident hereby, because things contrary be so that the one cannot be ordained to concur with y e other, but rather confoundeth & destroyeth the other: but in this case jurisdiction temporal is ordained for the spiritual: & contrary, the spiritual for the temporal. Or rather, y e one so depēdeath of the other, as the clearenes of the moon doth of the brightness of the Sun: Also the one jurisdiction so helpeth & tomforteth the other, that there is no contrartety in them. And therefore it is no good cōsequēce, because they are distincted. Ergo, they are not compatible in one persō: This also is to be proved de facto. For the earth is y e Lord's, and the plenty of the whole universal world, and all that dwell therein. It is proved in likewise by this reason. For if the jurisdictions were not compatible: it should follow, that no ecclesiastical person should have any jot of temporal jurisdiction, neither land, tower, castle, Lordship, or anything else, which is most absurd: & so by this means it should follow, y e no ecclesiastical persō should be in subjection unto the king, which were to y e great derogation of the kings majesties crown and dignity. It must needs be therefore that these jurisdictions be cōpatible, notwithstanding the distinction of them one from another. And thus for answer to all these reasons, by the which Lord Peter proved the distinction of these jurisdictions.
These things premised this I proceed further to prove that a person Ecclesiastical, which hath jurisdiction spiritual, may also have temporal iurisdictiō: and that the jurisdiction temporal may be in an Ecclesiastical person, I will prove it by the Scriptures: and first out of the old testament, to the evident probation whereof, it is to be understand: That God, after the creation of the world & mā, evē unto Noes time, would govern the world himself as K. by the ministry of angels. By reason whereof, he gave and pronounced sentence himself against Cain. Gen. 4. Noah also, which offered burnt offerings unto the Lord & built an altar, as teacheth the 8. of Gene. (which thing appertained only unto the priests) had the government and rule of all things, as well spiritual as temporal, which were in the Ark of Noah. Melchizedek in likewise, the which was the priest of the most high God, and also king of Salem, as appeareth in the 14. of Gene. & had both the jurisdictions in his own hands. For Magister Historiarsi, in the said 14. of Gene. declareth, that all the first begot of Noah, even to Aaron's time were priests: which at meals and offringes blessed the people, & which only had the Ius primogeniturae, whereby the regiment of others was due unto them. Moses in like manner (of whom it is said in the Psalm, Moses &c Aaron in sácerdotibus eius ) consecrated Aaron and his childrē to be priests, which Aaron did judge y e whole people in temporal matters, yea & in that causes of inheritance and mere real, as appeareth in the 27. chap. of Num. and many other places. To which purpose serveth the 17. chap. of Deut. where it is said, if a matter be to hard for thee in judgment betwixt blood and blood, betwixt plea and plea, betwixt plague & plague: then shalt thou rise and go up to that place, that the Lord thy God hath chosen. And shalt come to the priests, the Levites and to the Judge thē being, and shalt ask who shall show unto us the truth of the judgment: and follow their sentence. And if any mā presumptuously shall refuse to obey y e priests commandments and decree of the judge, the same shall die. Behold how manifestly it doth appear, how not only y e judgment appertaineth to a priest, between plage and plage, concerning the circumstances and irregularity of the law: but also betwixt blood and blood, in matters criminal: yea and betwixt plea and plea in civil matters: which thing doth appear to be in many judges out of y e book of Judges. For Samuel, which was both a prophet & priest, was appointed judge of long time over y e people in matters temporal: And whē y e people desired a king, the Lord was highly offended with them, and said unto Samuel: they have not refused thee but me, that I should not be king over them. Furthermore, as long as kings amongst the people of God, used the advise & counsel of priests and bishops: it was well with them and their kingdom: But when they forsook and left the counsel of Bishops and priests, then was their kingdom divided, and finally they brought into captivity. In which captivity, y e people were altogether governed and ruled by the priests & prophets, as by Esdras and Neemias: And last of all by the means of the Maccabees, the kingdom and government was deuoluted and brought into the priests hands, who were the kings and captaynes over the people: & had the government as well of spiritual matters as of temporal, as is read in the first book of Machab. 2. cha. Of Mathatia and his sons videlicet of Judah, Machaby, Ionatha, Simon, and John the son of Simon: which in all spiritual and temporal matters, were governors over y e people of God. Moreover the 1. chap. of Ier. declareth which was one of the priests, after this manner. I have set thee over the people and kingdoms, that thou may •• root out, break, destroy, and make waste, and that thou mayst build up and plant. Jer. capite primo. Besides this, in time of judge Eliach: a priest in like manner had the judgment of temporal matters. And so much concerning the poofe hereof, out of the old Testament.
Secondly, I prove my former proposition by authorities taken out of the New Testament. For Christ had not only by divine nature both y e powe •• , whereby he created all things of nothing, and by consequence was God of all, but also by his humanity had both powers. For he was y e priest, secundum ordinem Melchizedek (as it is said in the Psalms, and also is alleged to the Hebr.) which had both in his vesture and thigh written, king of kings, and Lord of Lord's. By this vestiment or thigh was ment his humanity, which was joined to his divinity, as the garment is to him that weareth it. He said of himself in y e last of Matthew: Geuen is unto me all power both in heaven and earth. As also to y e Hebrews the first chap. whom he made [unspec A] and constitute, heir of all universal things. And likewise in the 2. chap. to the Hebr. He hath made him not much inferior to the Angels: he hath crowned him with glory and honor, and hath set him above the works of his hands: Thou hast put all things in subjection under his feet, sheep and oxen, and all the whole cattle of the field. Whē therefore it is said, he made all things subject to him: He excludeth nothing as the Apostle there saith. whereby it is apparent, that as concerning his human nature, in the which he was made less then the Angels, all things were subject to him. Also this appeareth in the 2. chap. to the philippians, he humbleth himself, wherefore God exalteth him. &c. And it followeth, that in the name of Jesus should every knee bow, both of things in heaven and of things in earth, and of things under the earth. Behold here that by nature by which he did humble himself, he was exalted: because every knee should bow down to him. Thys in like manner hath S. Peter in the 10. chapter of the Acts where he saith, he was constituted of God the judge over the quick and the dead: And he speaketh of that nature which God raised up the third day, as the whole Scripture [unspec B] proveth. And likewise S. Peter had this power given him whō Christ constituted and made his Uicar, who also [unspec C] condemned by sentence judicially Ananias and Sapphira for lying and stealing. Act cap. • . Paul also condemned a fornicator convicted, 1. Cor. 5. And that Christ would the correction [unspec D] and judgment of •• he matters to appertain to his Church, a text in the •• of Matthew expressly declareth where it is said. If thy brother trespass against thee, go and tell him his fault between him and thee: if he hear thee, thou hast won thy brother. But if he heareth not, thē take with thee one or two, that in the mouth of two or three witnesses all things may be established: if he hear not then, tell unto the congregation: if he hear not the congregation, take him as an heathen man and a Publican. Verily, I say unto you • whatsoever you bind on earth, the same shall be bound in heaven, and whatsoever you lose on earth, the same shall be loosed in heaven. Behold how expressly it is commanded, that whensoever in any matter one offēdeath the other, he being first charitably admonished, the matter must be published and referred to the [unspec E] order of the Church and congregation. But if the offender do not obey and hear the admonition, he is to be taken as an heathen & a Publican: Which is as much to say, like one that is excommunicate by the Church & congregation, so that he may have no communion or participation with it. And that this was the intention of Christ, this seemeth much to prove it, where in giving the reason hereof he immediately addeth. Verily I say unto you. Whatsoever. &c. (where note this term distributive) whatsoever so as the Apostle argueth to the Hebrews the 2. chapter, that if he ordained all things to be subject unto him, he excludeth nothing vnsubiected. Wherefore thus I may argue: If all things that the church and congregation doth lose be loosed and everything that the Church bindeth is bound. There is nothing that the church may not lose & bind: Or by Logic [unspec F] thus, I may reason: There is nothing bound by the Church, that is not bound in heaven, which argument is good by a certain rule of Logic which saith: that contraries if the negatiō be put after, are equiualant. For everything & nothing, whatsoever thing, and no manner of thin be contrary one to the other. And so nothing not, is as much to say, as all things. Secondly, I do prove it out of another text of S. Luke cap. 22. Which place alleged to make for his purpose, I will strike him with his own weapon. For where he said, that by the two swords the two powers temporal & spiritual were to be understood, it was so in deed but to whose hands would he (I pray you) have these two swords committed? Truly to the hands of Peter & other the Apostles. &c. But the holy Father the Pope succeeded Peter, and the other Apostles, the Bishops disciples, curates, persons as in the gloss appeareth, Luk 10. whereby thus I argue, that by the 2. swords the 2. powers are meant. But Christ willed those two swords to be put [unspec G] into the churches hands, ergo he would likewise the two powers. But you may reply and say, that Christ did reprehend Peter because he strake with a temporal sword and cut of an care, saying unto him put up thy sword. &c. whithe [unspec H] reason is of no force. For Christ did not will Peter to cast away quite frō him the sword, but to put it into y e skabard & to keep it, giving to understand thereby, that such power although it be in the churches hands: yet the execution thereof (as much as appertaineth to blood shedding in the new law) he would have to appertain to the secular judge: notwithstanding yet perhaps, according to the discretion and will of the Clergy.
Thirdly, I prove this by the intent of S. Paul in the 1. Cor. 6. where he saith: that they which have secular business, and contēd one against another, ought to be judged [unspec I] by the saints. And that they should judge therein, therefore he made this argument: know you not that y e saints shall judge the world? and if the world be judged by you, are ye not good enough to judge small trifles? As though ye would say, do ye not know how that ye shall judge the Angels? How much more then may you judge things secular. And it followeth: If you have judgment of secular & worldly matters, take them which are despised in the Church and congregations, & make them judges: neither doth it make anything against, because the Apostle in the same place inferreth. Adverecundiā vestram dico. I say it to your shame. For that is to be referred to those, where he saith, appoint those which are despised. Wherefore the Apostle speaketh ironiously in this matter as meaning thus: Sooner & the rather you ought to run to the judgment of the despised which be in the church, thē to the judgment of those which be out of the Church.
Ergo, the rather to resort to the judgment of the wise, who remain in the Church and congregation. Wherefore the Apostle by and by added whē he said, I speak to your shame: What not one wise mā amongst you that can judge between brother and brother? Meaning thereby that there was some. By these therefore and many other like reasons it appeareth (which for brevity I omit) that both the powers may be in an ecclesiastical man's hand: And that an ecclesiastical man is Capax both of the temporal and spiritual jurisdiction. Nor is it any matter if it be objected, that Peter and other Apostles & Christ himself, used little this temporal power. For in them was not the like reason as now is in us, as is proved in the 22. q. 1. ca. and in many other [unspec K] places of the law. The Apostles at the first beginning took no receipt of lands & possessions, but the price only thereof, which now the church with very good reason doth receive. And that to the great merit both of the giver and offerer, as it appeareth of Constantine and others: In the which foresaid 1. cap. the reason of diversity is well proved For that the Apostles did foresee, that the Church should be among Gentiles, and not only to be in Judah. &c. And further at the beginning Christ and his Apostles were wholly bent and given, to our health, salvation & crudition: [unspec L] little sticking or standing vpō the exercise of every churches jurisdiction, having regard to that which is written in the 6. chapter to the Corinthians. All things are lawful unto men, but all things are not expedient. And likewise in the 8. chapter of Ecclesiastes it is read, that everything hath his time. But now (through the grace of God) the whole people of the realm of France have submitted themselves to the Christian faith, worthily therefore the Church is occupied about ministering of Justice and punishing of vice: For peace shall be the work of Justice, Isaiah the 33. chap. And in these judgments this only is to be considered, that the life of man be reformed. &c. Thus you [unspec M] see, how this our conclusion somewhat is confirmed by y e Scriptures. Now will I prove it by natural law & reason, & first after this manner. He seemeth most fittest to play a good judges part, which followeth nerest God: For properly God is the ruler and directer of all judgments, who saith Prouerb. capite octauo. By me the law maker shall decree justice and just things: But Ecclesiastical persons, follow next to God, and be nearest him. For that they be elected of God into a peculiar people: Whereof it is said 1. Peter. 2. you are a chosen generation, a royal priesthood, a holy nation, and a peculiar people, that you should show the virtues of him that called you &c. Ergo it is most fittest that persons Ecclesiastical, and churchmen, should judge of such matters. Moreover none doubteth, but that the correction and punishment of sin, belongeth to ecclesiastical persons: wherefor, whē such things be not committed without sin & offense of the one party, it is evident that the Church may have cognition thereof. Also who so hath power to judge of the end, hath also power to judge of things ordained to the end: for the consideration of the things ordained to the end riseth of the end. When therefore the body is ordained for the life and soul, and temporal things for spiritual, as to the end: The Church which doth judge of spiritual things, may in like manner lawfully judge of temporal things. All which is sufficiently confirmed. In extra. c. Iudicijs. Where it is said that the Accessarye followeth the nature of the principal, which appeareth sufficiently by example. For so much therefore as these two jurisdictions be compared to two lights, that is to say, to the Sun, and to the Moon: and all the whole clearenes and brightness of the Moon both in form and virtue, dependeth of the Sun, & in the Sun. And y t the brightness of the Sun is not of the Moon or in the Moon, it is plain: that spiritual jurisdiction which is compared to the Sun, hath it both in form & virtue, the jurisdiction temporal: and not contrary. Many other like reasons might be brought in. But for that the time waxeth short, I will omit them.
Thirdly, I prove by the civil law, Auth. Diffe. Iud. Si tamen ix. col. where it is said: If a secular judge be suspected, let the Bishop of the Citty be joined unto him. But if he be negligent, then let the whole judgment be referred to the bishop. In like sort Theodosius the Emperor enacted such a law, that whosoever suitor being plaintiff in any kind of matter, whether at the beginning thereof, or after contestation of law, or when the matter came to confirmatiō, or to sentence: If the plaintiff had once chosen the court & jurisdiction the holy sec: there without all doubt, though the defendant resisted and dissented, the matter before y e bishops & other ecclesiastical Judges should be determined and ended. Which law afteward Carolus the great, who was king of France, confirmed in these words:
And yet may the church challenge this by prescription: For that there are but 3. things which are required in prescription: that is to say, title, true dealing, and continuance of time. And it is without doubt that the Churches both purely hath and in time past had a good title, as appeareth by thy privilege granted of Theodosius the Emperor, & confirmed by Charles: Who gave in commandment, to keep y e same inviolably, which title it hath both by divine natural, and human law, as before is mentioned. Wherefore it must needs have true dealing, when so many great and clear titles are known to condescend thereunto. Also concurreth such continuance of time, that even against Ius fisci, it is prescriptible. For it hath not only continued by the space of 100. years, but also more then 600. years last past. Neither is this always true, that this law is imprescriptible, especially of the church: the which in as much as it appertaineth to the spiritualty, is not subject to y e king, but is much more noble, and far excelleth: Even no less then the Sun doth the Moon, gold, lead, and heaven, the earth. And this is certain, and no less reason, that the higher & equal may duly prescribe law against him, that is either equal or lower in degree. As one king may do to another. Wherefore, it appeareth, that the church may prescribe this, although it were Ius fisci, as in deed it is not.
Finally, this is proved by privilege granted by Carolus the great king of France, as before, & by Ludouicke the second, and by Philipp your uncle, and Ludouike and Philip your kinsemē, which privileges we have here ready to show. But perhaps you will say, that these things cannot agree: that the Church hath this jurisdiction, both by law, custom, & privilege, which all cannot well hang together. For if the church have it by one of these, it should follow that the church lacketh it by another. But this may I answer two manner of ways. First, that the privilege may be double, one as a bringer in of a new law, & thus it cannot be reconciled: The other as a confirmatiu • and declaratiue of the old law: and this way it may well be agreed, which distinctiō may also take place in custom. Wherefore it may thus be answered: that although this incudiction is due unto the Church by law, it appertaineth also unto y e same by privilege and custom: but yet not by such kind of custom and privilege, which induceth new law: but which declareth and confirmeth the old law. And • any will reply, demanding wherefor the church of France should more challenge this, then any other churches in other realms, which have no such prerogative, I can soon answer them. If the kings of France (whom God with singular grace, honor, and privilege, far above all other Princes, hath blessed and endued them for 3. special causes, to wit, for their great faith & devotion unto God, for their honor & reverence to the Church, and for their good justice shown unto y e people) hath granted to the church special liberties, or have permitted those which before wer granted, peaceably to be kept and observed. Why then they should have them, it is no marvel. Yea and further, their devotion unto the Church hath been such, that the nearer the Churches were unto them, the more liberties they enjoyed: and yet had these princes nevertheless therefore, but rather the more: which is evident and redoundeth to the great honor and nobility both of the king, and his realm.
I have oftentimes heard of other, howe that 4. or 5. things doth especially habilitate and adorn this realm.
First, their sincere and inviolable faith: for it was at no time red, that the kings of France (since the receiving of the faith) did ever swerve from the same.
Secondly, the nobility of blood which descended from Priamus the king of the Troianes, and successively, from Carolus and other royal kings.
Thirdly, the unity and peace of concord, which especially above all other reigned and flourished in the Realm of France.
Fourthly, the solemnity and pomp of the prelates and Clergy.
Fifthly, the good disposed readiness of the Barons and subjects to obey.
If therefore, the prelates of this realm sh •• ld not have this law and privilege, but should be deprived thereof: then should the king & his realm lose one of his noble estates, whereby they are highly magnified (I mean the bravery, solemnity, & royalty of the prelates) For then, they should not only be neither pōpeous nor royal, but more beggarly & miserable then any other, the most part of their living consisting herein. I do conclude therefore, to be proved both by divine law, natural law, canon law, civil law, custom and privilege: that the right of determining such temporal matters of the Church, may of right appertain to the Church of France, and so •• return the Lord Peters theme against himself. Besides this, will I propound that which is most plain and manifest: that what so ever things be offered up to the Church, and are converted to the dominion and property of the same, be God's & appertaineth to him: For so much as they are said, to be dedicacated & sanctified by him, as sufficiently throughout y e Levites may appear: as is declared in the 21. cap. 1. Regum, concerning the bread offered to God, where it is said: I have no common bread under my hands to eat, but holy bread. Wherefore, it was not lawful for the Laity to eat of the same bread, but in time of great neccesity: which is also proved in Daniel 5. chapter, where it is read. Because king Balthazar and his Lord's with his Queen, • ronke in the golden and silver vessels, which his father Nabuchodonoser had taken out of the temple of Jerusalem: In y e same very hour, there appeared fingers as it had been of a man's hand, writing right over the candle stick vpō the plain wall in the kings palace: And the King saw the palm of the hand that wrote, and that which was writ̄ was Mane, Thetel, Phares. the interpretation whereof is this, as there it appeareth: Mane, God hath numbered this kingdom and brought it to a • end: Thetel, thou art weighed in a ballaunce and art found to light: Phares, thy kingdom is dealt in partes, and given to the Medes and Perses. The very self same night was Balthazar the king of the Ca • des slain, and Darius succeeded in the kingdom of the Medes: the Monarchy of the Assyrians being then tr •• slated unto the Medes. Whereby it appeareth, that these things which are offered up to the church, belong to God, & so dedicated to him, that no lay man may use thē • which if they do, they must look to receive vengeance at God's hand, as Balthazar did. These things now • uded, I will argue out the L. Peters theme (which was) Geue unto the Emperor, that is the Emperors, and unto God, that is God's. But this jurisdiction, which (as I proved before) is diversely converted to the dominiō and property of the French Church, is now God's: and therefore, to be reserved to and by him. Wherefore, whensoever any goeth about to take away the same: the good & godly ought to answer as Ambrose did to the Gothē soldiers sent to him by the Emperor, which was to this effect. If the Emperor (quoth he) had requested that which had been mine, I would not have denied him, albeit that whatsoever I have, all is the poor's: But because he demandeth those things which belong to God (wherein he hath no right or interest) I had rather he should imprison me, yea & cut off my head, then to condescend to his request therein: alluding to the history of Nabaoth, which is to be seen in y e 21. chap. 3. Reg. How Nabaoth the holy man, possessor of his vineyard, was requested by the king to give up his vineyard: who made answer, I will not give unto thee the inheritance of my fathers: at which answer the king was maruelously offended: wherefore (quoth Ambrose) if Nabaoth would not deliver his vineyard, shall we deliver to you y e Church of Christ? No, God forbid that I should deliver you Christ's heritage. Nabaoth did not deliver the vineyard, nor surely will I deliver Christ's Church. And further he addeth a good saying: I can neither diminish, nor add anything to the Church of God, for that I took not upon me the charge of keeping of it: besides this, it is my duty and office to consult with the high Emperor of salvation, in this matter what is to be done: And doubtless, I may not deliver anything to him, nor yet he receive anything of me, as is proved, 24. quaestione vltimo capite cōuenior. qui. Wherefore, by these and the like reasons it appeareth, that not only jurisdiction spiritual (as the Lord Peter falsely hath suggested) doth belong to God: but also, all other kind of jurisdiction whatsoever touching the church: whether it be by law, custom, or privilege: in so much that neither may we surrēder the same to any, nor yet may the king at our hands take the same. Further the Lord Peter affirmed, that Christ for example sake did pay tribute, which is untrue as appeareth in Gene. 48. chap. For the land of Priests were free from paying of all kind of toll and tribute. And if the Lord Peter well considered the 17. of Math. he should have found there, how that Christ did not only pay tribute for example sake: but rather proved, how he was not bound to pay any at all. To conclude therefore, the children be free: but ye pay, to avoid slander and offense: wherefore the text saith. Least we should offend them go to the sea. &c. But peradventure it may be answered, that by the example of Christ (to avoid offense) ought to pay. But this is untrue, because there is double offense of the weaklings & of the Pharisees: for as concerning the offense of the weakelinges, which cometh of ignorance & not of malice, some things are to be omitted for a time, while they be better instructed: as the Apostle saith to the Romans in the xiv. chap. But for the offense of the Pharisees, which commit and offend of a pretensed malice: there is nothing to be omitted, as Christ saith in Math, 16 Where to his disciples saying: Do you not know how that the Pharisees hearing this word are offended? answered. Behold, suffer them, they are blind, and leaders of the blind: For that in the time of Christ, the offense thē was of little ones. But now is the offense of y e Pharisees: Wherefore, then it was not to be paid for avoiding of offense: but now not so. Now therefore it is apparent that the third toke n of the fear of God consisteth in the whole true restoring of goods: And of him, which hath such fear, whereby he restored to God his own, it is spokē of in Eccle. 15. cha. The seed of the man that feareth God shall be brought to honor: but the seed which transgresseth the commaūdemēt of the Lord shall be shamed. And thus it fully appeareth, how loving fear and obedience is due unto God, for the excellency of his majesty: because the words be: fear God.
Secondly I do say, that especial honor and reverence is due unto the king, for his dignity sake: which followeth in the theme. Now it is said honor the king: I will allege the 10 of Eccle. where it is specified: In the middes of the brethren, the ruler is holden in honor among them. Wherefore it seemeth to me, that there are 2. kind of honors: one which proceedeth from the lips, & that is named flattery, whereof it is spoken in Math. the 17. chap. This people doth honor me with their lips, but their hearts are far from me. There is on other kind of honor which is real, and cometh frō the heart. And this is the very true honor in deed, wherewith the king ought to be honored. But me thinketh that he doth really, and de facto in very deed honor the king: which wisheth and counselleth him, to keep and do those things, whereby his dominion is beloved, his royalty not diminished, his honor and fame preserved, & his conscience not burdened: And he that persuadeth him contrary to these, I think doth not honor the king. To proceed therefore further. I say first, that he doth de facto honor the king, who persuadeth him those things, whereby he may be beloved of his subjects. For a Prince ought to study rather to be beloved, then feared. And what more greater treasure can a Prince wish: then to have the harts of his subjects? According to the saying of Seneca. The love of the Citizens, is a fortress invincible, and a bulwark not sautable. What thing is more to be wished for? what better then to live and reign, every man willing and rejoicing thereof? And in my opiniō, there is nothing which causeth more a Prince to be beloved, then if he keep and maintain his ancient liberties, and bring in no alterations▪ Wherefore it is said in the 22. chapter of Prov. Thou shalt not remove the land marks, which thy fore elders have set. This place the Lord Peter alleged to make for himself: which I will prove to make against him, and that by his reason, ye ought not to transgress the old limittes and bounds which the fathers have set: For nouity and alteration doth ingender discord. And for this cause in making of new alterations there ought to be both evident vtilitye, and urgent necessity. If therefore the Prince will abrogate and take away the liberties granted by his forefathers and predecessors: he shall not be of his Realm beloved, as it appeareth by Roboam in the 11 chap. of the 3. Reg. All which likewise is to be seen in the Chronicles, how that by these means many kingdoms and dominions were translated from nation to nation, and from their own native regiment to the rule of strange people. And now for this time certain it is, that your graunde predecessors Charles the great, S. Ludowick, Philip the fair, Ludowick and Philip his sons, with many others, have sealed and confirmed this liberty of the Church. Wherefore for a man to council & persuade your highness to spoil the Church of anything: it is even the next way to spoil and undo yourself, and to bereue you of that, by which your dominion is beloved. And for this cause I thought good to put your grace in remembrance of the 20. of Math. where it is written: Remember the works of your forefathers • , which they have done in their generations, and you shall receive great glory and renown forever. Note here your highness by the way, how that king Philip graundfather to S. Lewis: fostered and kept in his Realm S. Thomas Archbishop of Canterbury: who for that he stoutly defended the liberties of his Church, was banished out of England. How much more therefore are you bound to defend and maintain your own Prelates, in their liberties ratified and confirmed by your graces predecessors, according to the saying of Gregory in 25. quaest. cap Si. If I should destroy and put down those things which my predecessors have built and ordained: I should not be called a builder and maker, but justly acompted a •• roy good and puller down as the voice as the Lord saith: Every kingdom divided within it self shall be confounded: All knowledge and learning divided one against the other, shall be destroyed. In another place he saith: It is over sharp, and against all good manner and civility (upon what reason and excuse so ever) to break and subvert those things which are well ordained: or by his example, to teach other at their pleasures to dissolve old constitutions. Mark here a story about a Castle which was given to Saint Romige, to the Churches use: by Clodoui the Kyng, which afterward King Pipine desired to have by exchaunge and recovery. To whom the said Saynte Remige appeared in his dream, and highly blamed him therefore, saying: a better man then thou gave it me, and yet wilt thou take it away from me? And with that he smote him, who the next day was found all black. Since which time, no Kyng of France durst ever lie in that Castle. Verily therefore, he doth not honor the Kyng, which giveth him counsel to pass the old limittes that his old Fathers did set. Yea rather the Kings Majesty ought to say unto them, which is written in Saint John 8. chapter I do honor and glorify my Father, that is, in keeping the liberties of the Church, as they did which granted them: but you have dishonored me, in counseling me that, which seemeth best to please yourselves, as it is written in Ecclesiast. 4. The worship of a man's father is his own worship, and where the father is without honor, it is the dishonor of the fo • ne.
Secondarily I say, that he truly doth honor the king, who counselleth him: whereby his power and dignity is not diminished. For as it is great honor to the Kynges highness to increase and augment his power: so is it as much dishonor for him to diminish any jot thereof. And therefore, the Emperors were wont to call themselves victorious, of augmenting and increasing their common wealth. And to say that you and your predecessors could not grant these things to the Church, it were to too absurd, and to the too much derogation of your Majesty's most honorable estate. And therefore you (most sovereign Lord) who hold and possess so ample right and title in the realm of France, both by election and inheritance: not to grant and leave this to your posterity, it were to the great debasing of your Majesty's honor, crown and dignity. Yea if it were (as God forbid) it would follow, that your predecessors lived continually in sin: yea and further, it were as much to say (which were too vile) that blessed S. Louis, by whom all France is beautified, could not be justly canonized.
For as the Lord speaker declared, if he took his oath at his coronation both to alienate nothing, and also to call in that which was before alienated, which is inseparable frō the Crown: it should follow that he was forsworn, and consequently committed deadly sin, and so could never be canonized, which is to to absurd to be talked of. And if reply be made, that he might have repented: It is soon to be answered: That his sin is read of, but of his repentance it is not found, as is said of Solomon. But put case it be true that the Lord Peter said, then it must needs follow, that your grace could bestow nothing, neither country, town, nor tower. And yet there be few, which willingly would not receive them, notwithstanding their allegiaunce and homage, which they pretend to your highness: Kepe therefore & confirm (most renowned Prince) y t which was granted by your noble progenitors: otherwise, your royal honor shall decrease, that it may be verified in you which is read of, in the 11. to the Rom. I will honor my ministry.
Thirdly I do affirm, that he rightfully honoreth the king, which persuadeth him that, whereby his honor and renown is preserved. For in matters of weight, and of great importance, next after conscience we must have regard to name and fame, as it is written the 22. of Prov. It is better to have a good name, then riches. A good name far passeth all things, and is above silver & gold. And S. Augustine saith two things are necessary for thee, conscience & name: Conscience for God, and name for thy neighbor. And therefore it is written in the 4. chapt. of Eccles. Labor to get a good name, for that will continue surer by thee then a M. great treasures of gold. A good life hath a number of days. Which renown & name, the Lord (who annointed your grace with the oil of gladness) hath in so little time more abundantly blessed you withal, then any other Prince, wherefor you ought to be more vigilant and careful, howe to keep and enjoy the same still: For it is no less virtue, to seek and get, then to keep that which is gotten: whereby not only while you live, but also when you are dead, your glorious renown may live forever: yea and farther, that by you nothing be done, whereby any blot or foil should creep into that your so great renown: alluding that to your grace, which is said in the tenth of the Proverbs. &c. The memorial of the just shall have good report. &c. Beware therefore most noble Prince, and take heed that in your days and time, the liberties of the church be not taken away (which God forbid) or diminished in any jot: For if your glorious name should be blotted therw t , there be thousands, which would chronicle the same to perpetual memory. Wherefore most Christian Prince, if such (as trusted after their death for no other life, but only for fame & renown) lived a life most godly & virtuous: how much more ought we Christians, which look after another life, by our well doings here, to win us a perpetual name & memory after our death. And you besides, if you should dishonor your name, and fame: what a matter were it, considering how the kings of France, were ever counted the most Christian princes, and most bountiful towards the church, giving examples to other princes, how to enrich their churches & liberties thereof. And now especially, if your grace, y e church in some places being in great persecution (which God forbid) should show light to other to pul and take away that which was given by your forefathers to the church. What might the world say? For then by the like reason, might the Emperor deprive the Church of all, which was givē to it by Constantine the Emperor. Also other kings would do the like in their Realm. God forbid that your highness should give such example. And for my parte, I would rather wish myself to be dead, then give you such counsel, that in so pernicious and naughty a matter, you should be example to other: Especially, when the kings of France your predecessors, were defenders always against such y • went about to take away the liberties from the church: which is the office of a king, Ieronymus saith upon Jeremiah, which is found also in the 24. quaest. 5. cap. Regnum & C. Princeps. After this manner let the princes of the world know and understand, how they are bound to make an account to God, for the Church which they take upon them to keep. Note you also, & read some examples out of stories & commentaries, what regard the kings of France had in observing those things, and see you by the • r example, to follow and do the like: And then shall it be verified in your grace, which is written in the 37. chapter of Eccle. A wise man shall obtain honor amongst his people: As also in the 3. of the same. He that honoreth his mother, is like one that gathereth treasure together.
Fourthly I say, that he in deed doth honor the King, which persuadeth him to do that whereby his conscience is not hurt. For above all things, a Christian man ought to beware howe to do that thing, which should be a grudge unto his conscience, because the life is more then is meat. Mat. the 6. chap. And assuredly I believe, that your grace would not commit that thing willingly, wherw t your conscience should be burdened, for all the worlds good: and that justly. For the more miraculously God hath called your highness to the state of a King, and hath endued you w t his grace: So much the more you ought to have and take hede that you offend him not. For it is to be doubted, whether in doing the contrary, he will not be the more grievously displeased with you, as he was with Saul. 1. Reg. chap. 15. Consider therefore most sovereign Lord, y • at what time you were crowned, you sware only these things following & no other. First, that you would defend and maintain the canonical law, privilege, and justice, granted to the Bishops and the church: and as much as in you did lie, to enlarge and amplify the same. Also that by your arbitre •• t, all Christian people at all times should keep the true peace of God & his church. Also that you should forbid to all nations, all kind of sacrileges, spoylings, and iniquities. Also that in all kind of judgments, you should will and command equity and mercy. Also that throughout your whole territory and jurisdiction, you should sincerely withal your endeavor, study to exterminate & cut off from the Church, the noted heretics: which all, and no other your Majesty sware to fulfill, at the time of your Coronation: under the leave & correction of the Lord Peter, which affirmed you were sworn to none other thing besides. Now therefore, seeing it is a canonical privilege of the church, & in the heart of the whole Cano. 6. qu. 1. Quicunque litem habens, incorporate: when also by custom which is canonical, it came in • that the Church and spiritualty, may have cognition in a number of cases, against which diverse articles have been here laid in: If this amongst the laity should not be observed in the Church, your graces conscience thereby might somewhat be burdened. In like manner if you be bound w t all your whole might and power to procure, that all whole Christendom should keep the true peace of God and his church: much more have you to procure the same amongst your own Barons & people, who evermore were all one with the Church. And always where any church was in honor and estimation, there were belonging to it 20. sho • t Barons & knights: whose office, as it was to defend the Church, so was it the part of the Church to pray for them & to offer sacrifice for them unto God. And to this end, that blessed S. Louis so much labored in his time: who whē the greatest Barons of his realm had confederate to suppress these liberties of the Church, & had consulted to give him (to that ende) the hundredth part of their goods, would never condescend thereunto, but always dissuaded thē therfro: and finally by his authority, sealed and confirmed these liberties of the Church. Consider here your majesty, how that pope Innocētius at that time proceeded against those Barons. &c. I dare be bold to say, y t if there should be now dissention between the Prelates and Barons: it would not be long before the comminalty would usurp to rule and bear domination. As by experience it hath been seen in many places, & likewise by practice, we of late might have seen: at what time the people stomaking the spiritualty in the parties of Campania and Burgundy, at last rose and made in every town a king: and therw t all caused the officers which brought citations & absolutions from the pope and other, to be well banged: and not long after, made insurrection against the Lord's temporal, and served them w t the like sauce: until that by y e kings power they were suppressed, & many of them hanged. And this doubtless was in the days of Lewis last king of y t name. Truly the noble men ought not to be griued w t that that the Church is possessed w t all. For that there be few of them, who have not their brothers and kinsfolks, which liveth and are maintained by the goods and revenues of the Church. Amongst whom if they should devide their inheritance, perhaps they would bring a little to nothing at all. Let the Barons also consider how y t there is but few which believe not in y • church. For the church is one, as in the 6. of Canticū: My Dove & derling is one. Wherefore without great peril of trasgression can they not persuade and counsel such liberties of the church to be abrogated and taken away.
That therefore your Majesty's conscience may remain pure and immaculate: pleseth it your highness by your authority, to seal & confirm this good ancient & canonical privilege. and contrary attempts (if any be made by way of proclamation or otherwise) to revoke and call them in. And further, to keep your mother the church of France in her ancient franck choice, liberty, and customs. And thē by you in all things God shall be glorified and honored, to whom be honor and glory forever and ever. Amen. Who then will honor you as is said. 1. Reg. 21. whosoever shall honor me. I will crown him with that glory, in which consisteth the true honor, and is granted to none unworthy. Wherunto also none is admitted but worthy, as blessed S. Agustine saith: which honor, grant he unto you & us who is blessed world without end. Amen. And because a bill of many articles was exhibited, whereof part did infringe the whole ecclesiastical iurisdictiō: to y e defense thereof, we will according to y e 4. cha. of Ecclesiasticus stand evē to the death, where it is said: for y e truth strive thou unto the death, and God shall fight for thee against thine enemies. Some other of thē contain only abuse, which we believe none such to be. But if there be we will see redress therein. Therefore for the honor of God, for the vnburdening of our consciences, for the kings majesties reverence, & for y • people's profit and peace: All we here assembled, have concluded to see remedy, that the aforesaid abuses, if any such be, shall be left, to the quietness of the people, and praise of almighty God. To whom be honor and glory world without end. Amen.
* Another sitting in the Parliament.
The next Friday following, being the 29. of December: the prelates assembled themselves again together at the kings palace in Paris, Where, the reverend father the L. Peter Bertrand, by God's permissiō bishop of Eduen spake openly there before the king, sitting with his Counselors and Barons about him: taking to his theme the which is written in the 18. of Genesis, O Lord be not angry, that I speak yet more. &c. The which he applied to this end: that for the majesty of the king, the prudency of his counsel, and insufficiency of himself (considering the weightiness of the cause) he trembled and was afraid to speak: yet nevertheless, trusting upon his accustomed clemency, took to him audacity, & presumed that which was appointed to him by the prelates. Beginning with the 89 psalm: Lord thou art our refuge. &c. Which he prosecuted in extolling the king his persō, and his miraculous attaining to the crown of France: preaching further, how he ought to be the champion & defender of the faith: all which he proved in few words by many reasons and authorityes. Afterward, he touched those propositions which were propounded by the foresaid Lord Peter of Cugner, and for no other only cause as he protested, but to inform the conscience of his sovereign Lord and king, & to advise his grace concerning the same: Not going about to make any final judgment, determination, or answer, whereby either sentence, Order, Statute, right to any man, or other process, might thereof ensue or be grounded. And namely he first beginning with the Theame of the Lord Peter: first affirmed (render unto the Emperor, which is the Emperors, and unto God which is his: Mark 12.) By which words was signified the obedience and subiectiō to the king, with the difference of the spiritualty from the temporalty, whereof the first menber is proved by the 1. Pet. 2. Where is said: be ye subject to every human creature, &c. Also by the Cap. solite, extra de maio. & ob. And by the c. nouit extra. de iudicijs cap. de sacerdotib {us} 10. q. 1. with the notes about y e same. Moreover, as touching the distinction of both jurisdictions: whereof the Lord Peter proved the temporal jurisdiction to pertain to seculare men, the spiritual to the clergy, by the words of our Savior Christ. Luke. 22. where he said: Behold two swords. Also for that Christ did pay tribute: Teaching thereby, how that the temporalties were to be reserved to the temporal men. Math. 17. 11. q. ca. Si tribut. ca. Magnum.
In like manner by y e law of Justinian: where it is written, that 2. great gifts were ordained & granted of God: a Byshoprike, and a kingdom: The first to bear rule over God's matters, the other over worldly things. &c. And said moreover, that these 2. be the cases which in no wise could be altered or changed. Prov. 20. de Tiō. mo. lib. 1. & vlt. And affirmed also that o • such Princely right, the Kynge could not abrogate and deprive himself. For that it was unprescriptible, appertaining to the crown and his regal seat, (considering howe he took his oath at time of his coronation) not only not to break or alienate y e laws of his realm, but also to restore and revoke such as were broken and alienated. To which these his reasons it was answered, that the jurisdiction and determination of civil causes (whereabout the controversy now standeth) belongeth to the Church, both by God's law and man's law. By God's law it proved was, even from Adams time to Christ's coming: per Innoc. ca. licet extra de foro, compe. And from Christ's coming, to Peters time and his successors. 22. di c • omnes patriarchae. Math. cap. 16. But how the Church in the Realms of Catholic Princes, attained unto this right and interest which at this presence it doth enjoy, the law proveth. 2. q. ca. 5. Si quis. Praesbyter. 11. q. 1. Relatum 25. dist. Ecce. Whych also is confirmed by the Emperors in the body of the law. ff. 3. Si causam. col. 9 23. q. vlt c. his & a quibus. The Canon furthermore teacheth, how that S. Peter commanded all the Princes of the earth and others, to obey and give place to the Bishops. c omnes, extra de major. & ob. 16. dist. duo sunt : Wherefore it was concluded, that in no wise this right is to be separated and taken away from the Church. And albeit in the realms of tyrannous Princes, this state of the Church is violated and not kept: yet in this blessed realm of France, it hath been always even to these days duly observed: c. nouit. extra. de iudicijs. This jurisdiction, the laws of Theodosius the Emperor and Carolus the great, hath also confirmed. extra. de iudicijs. c. nonne. all. 11. q. 1. quaecunque. &c. fe iurisdictio. c. express : Where it is mentioned, that the same Carolus Kynge of France (and Emperor) especially constituted y e said law. And likewise to speak of custom, it hath been known, frō time out of mind, y e same to have belonged to the church of France: He therefore which shall go about to violate this law, committeth sacrilege. 11. q. 1. ca. 1. & 2. And let not the kings majesty marvel, if that in this most noble Realm of France this prerogative be due unto the Church: As when hereby, his power and nobility is beutified. Anth. vt iud. sine quoquo suffra. fi. in principio Col 2. Besides this: our sovereign Lord and King, at what time he was crowned, was sworn by the Evangelists to keep and observe this Canonical privilege of the Church. Further, the Barons who in a manner are all sworn to the Church, swore fidelity to the same: by which oth of fidelity, they are bound to keep these liberties and rights of the Church. When therefore every oth which tendeth not to the perdition of the soul, is to be kept: a fortiori that oth which is taken in the favor of the church, is much more to be observed. c. Si vero extra. de iure iurando. 22. quaest. 4. c vlt. Besides this, blessed Ludouicke, Phillip of Aragon, Phillip the fair, Ludouicke, Carolus the great, & Phillip: confirmed these privileges, customs, and liberties of the Church, which all were sworn at their coronations as before. &c. These things considered, who can advise the kings majesty without damning of his own soul, contrary to these liberties granted and so confirmed to the Church? To whom belongeth great reward, whosoever bestoweth anything upon the Church: Antho. de non alie. at permut. re. ecc. §. si minis col. 3. neither maketh it against us where it is said, that there are two swords. &c. Neither yet the distinction between the Byshoppricke and kingdom. Because it is true that there are two swords, the power whereof is left to the churches hand, although y e execution of the material sword is committed to the temporal and secular men. Matth. 26. where Christ saith to Peter: convert and put up thy sword into the place. But as touching the distinction betwixt the Byshopricke and kingdom, in deed it is true: as much as appertaineth to the end & to the execution of blood, but not concerning the beginning & subject: for that in one subject, both the powers are, may be, and ought to be, as is before proved. To that point where it is said that Christ paid tribute: it is answered, that not therefore he paid it, because he ought or was bound thereunto: because it is certainly true, that y e sons of y e king (as he was ought not to pay) but this he did to avoid offense: yea also the Clergy is not bound hereunto Esdrae 1. & vlt. Wherefore, such things do not infer a consequence. Neither yet maketh that against us where it is said: that the king our sovereign Lord & master cannot abdicate from himself this right, especially for that he was sworn thereunto at y e time of his coronation, &c. for it is answered, that he may well abdicate the same. And howe doth he abdicate the same from himself, which be giveth and bestoweth to God & the Church? The land is the Lord's. And doubtless, to give is nothing else, but to tender to God and the church their own: for then by that reason, the gift givē to the church by Constantine is naught and nothing worth, which is false, and this is proved xvi. dist. ca. Const. Whereby it appeareth, that an Emperor and king may alienate things of the empire. ff. de legatis i. l. apud Iulianum §. vlt. nor yet hereby the Empire or kingdom is damaged: for that the thing returneth to the pristinat state ff. de pactis l. vnus § pactus. 35. dist. ab exordio. Furthermore, by this reason propounded: all the kings of France which ever were (and especially blessed Ludouike) should be spotted: for if that were true (as God forbid) then all they were persured and died in mortal sin, which is to too absurd. Last of all, it hurteth not where it is said: that such things are inprescriptible: It is true in deed, they cannot of subjects, or otherwise then of the Church be prescribed: but in this cause we talk not of subjects. Also, seeing they may be alieuated, they may be prescribed, especially (the kings thus consenting who confirmed the same so long a time) which excludeth all right both fiscal and ecclesiastical. The prelates therefore all with one consent, agreeth & affirmeth to the same as a verity to be maintained and defended. Beseeching the kings majesty their Lord, both for his soul health, and peace of the Church, to maintain the same, and keeping the liberties of the Church. Desiring him to consider what commodity daily he receiveth by the Church, and that his Church never failed him yet, when he had need of the laity, showing the dangers and examples of them who did to the contrary. Further, he beseeched his highness to way howe entierly his Lord the Pope doeth and hath loved his person and realm: Affirming, that never any placed in the seat of Peter, loved better his realm, then he doth. Alledging the text of Eccl. 6. where it is said: Stande in the multitude of the Priests, and believe them with thy heart.
After this in the said Session: The foresaid Bishop of Eduen prolocutour inferred many things beside, & answered particularly to the articles above specified, and exhibited by the Lord Peter in writing to the king and parliament. Which, because they touch more the subtlety of the law and stiles of the courts, then are necessary to this our history, and because we would not burdē the volume with all, containing no great profit in them: we have here of purpose for brevities sake omitted them, passing to the next sitting, which was the next friday next after following the same, as ensueth.
The next Friday after this, the Prelates assembled at Uicenas before the Kyng, to hear their answer: where, the foresaid Lord Peter of Lugner) being prolocutour for the king) spake on this wise, taking for his theme. I am peace unto you, do not fear. &c. which he prosecuted, monished that they should not be troubled in any thing that there had been spoken. For that the intent and mind of the sovereign Lord their king was, to keep the rites of the Church and Prelates, which they had by law, and by good and reasonable custom: Where, between the first and second conclusion, he went about to prove: that the cognition of civil causes ought not to appertain to the Church. For that such things were temporal and ought to pertain to the temporality, as spiritual things to the spiritualty. And besides his other reasons he alleged the 86 dist. declaring for a truth, y t for this intent first the clarks crowns were shaven: in sign that they should be free frō all worldliness, and forsake all temporal things. Alledging to that end the 12. q. 2. Furthermore he declared, that the Bishops had cognition in certain cases expressed by law. Wherefore, these said cases ministered a certain rule against them, alleging for the proof thereof De reg. iuris. ff. de lega. 1. L. ticie text oris. Also he affirmed that by reason of sin, the decretal Nouit. could not make for them. For the same did speak of the king of France his state, which hath no superior: but in other persons it was (he said) otherwise. And these things thus being proved, then said he, and concluded: That nevertheless, their Lord and King was ready to hear the information of them, which would instruct him of any custom: and those customs which were good and reasonable he would observe. Which answer, because it did not seem to please and suffice the Prelates, incontineutly the Bishop Eduen answered for them all in manner following. First, commonding the good and general answer, he spake in this wise: The Prince of the people (said he) shall be praised, for the prudence of his talk, commending therewyth as touching the former good general answer of the King, his purpose and talk propounded. But as concerning the words of the Lord Peter, which engendered and brought darkness and obscurity, and might give occasion to other temporal Lord's, to break and infringe the rites and customs of the Church. Wherefore his answer seemed not full and plain to the prelates. Speaking moreover to the said Peter, he alluded to the words of the Virgin speaking in the Scripture thus to her son: Son why did you so to us: And so prosecuted y t same, both marueling with himself, and yet covertly complaining of his answer. Afterwarde answering to these things which the Lord Peter affirmed, and first to the Chapter. Ad verum he said, that it was before answered: touching the division of the two jurisdictions, that they may be in one subject as before is proved. Neither doth it let which the Lord Peter said, these two jurisdictions could not be in one subject, because that things which be in themselves diverse, & be under one Genus, as a man & an asse cannot be in one subject. But if they were under diverse kinds, as whiteness and sweetness in milk, they might be well in one subject. It was answered that this rule was not true: because justice and temperaunce are two diverse virtues, and under one kind, and yet be in one subject. Besides these differing species, a man & an asse be not compatible in one subject. Also to that which was spoken concerning the shaving of the crown, it was answered y t the crown did betoken rule & excellency: and the shaving did signify: that they ought not to heap up store of temporal things, so to apply their hearts thereunto. But that the temporal things ought to be subject to them, and not they to the temporality, as is proved in the said chapter duo sunt genera. Also as concerning the thing, which was talked or de regula : he answereth, that this maketh for the church, as before was proved. Yea, also, the custom doeth make the rule for the Church. Also laws in all kind offense doth always except the custom. And therefore, his saying makes nothing against it. And now to that place which the Lord Peter spake about the Decretal Nouit. That the case was only in the kings person, yet for all that it is expressly said in the same text of every Christian man. And although their law doth speak only of the Pope, yet the same is applied to all Bishops in their Dioces. Wherefore the said bishop concluded and beseched the king that it would please his grace to give unto them a more plainer and comfortable answer: and that they might not depart from his presence all pensive & sad, whereby occasion might be given to the laity to impugn the rites and liberties of the Church. And that they doubted nothing hereof in the good nature & conscience of their sovereign Lord and King: In the end it was answered to them in the behalf of the king, that his mind & intent was not to unpugne the customs of the church.
The Sunday following the bishops assembled themselves again before the king at Uicenas, where the Lord Bishop of Eduen repealed their last supposition, with the last answer made unto them in the behalf by the King, when the Bishop of Byturien, had given them to understand how the king willed them not to fear. For that they should suffer no hindrance or damage in his time, yea and would defend them to their rights and customs because it should not be said that he would give ensample to other to impugn the Church, assuring them that even the Kings grace him willed so to declare unto them. The said Lord Bishop of Senon in the name of the whole prelates gave humble thanks to the King therefore, and the said B. of Senon beseeched y t such proclamations which were made to the preindice of the Ecclesiastical jurisdiction might be repealed, & called in. Hereunto the king himself answered with his own mouth that they were not published at his commandment, neither did he know of them, nor ratify them. Thirdly, the Bishop proposed that those abuses which the temporality complained of, should be so ordered & reformed: that every man should be well contented therw t . Last of all, he beseeched the kings highness, y t he would of his gracious goodness give them a more comfortable & fuller answer. Then answered the lord Peter in the name of the king: That if the prelates and bishops would see reformatiō of those things which were to be amended (wheraboutes he would take respect between this and Christmas next following) his grace would innouate nothing in the mean season. And if in the foresaid space they would not correct & reform that which was amiss, his majesty would appoint such order and remedy that should be acceptable both to God and his subjects. After this, the Prelates had leave of the king to depart and went home.
A brief recapitulation of the Bishops answer, with certain notes answering to his Popish reasons unto the Reader.
THe answer of Byshoppe Eduen in the name of the other Prelates, to the Oration and Articles before objected by the Lord Peter consisteth in two partes. Fyrst, in declaring the seat due to God. Secondly, the honor due to the king. Wherof the first is, the fear of God (he saith) consisteth in three things. 1. In giving to God. 2. In honoring his ministers. 3. In restoring that, which hath been taken away. &c. The 2. which is, the honoring of the king, he saith, consisteth in a double sort, that is. In words only, wherein is flattery: And in deed: which again he divideth in 4. members: First, when a man cousaileth a king to that, whereby his dominion is loved. 2. When the king is counseled to that whereby his honor and excellency is not diminihed. 3. Thirdly, when the king is counseled to that, whereby his fame and renown is maintained. 4. Fourthly, when a king is counseled to that, whereby his conscience is not wounded. &c. And this is the order of his whole tractation. Now remaineth with like brevity to recite the reasons and arguments in order, whereby he proveth the premisses, with the subdiuision of every member and part thereof. Wherein the studious reader, may note both the subtle proceedings of these popish prelates, and also the feeble and impotent ground whereupon they build. Whose building (as by this discourse and many other may appear) wholly & finally tendeth to this, to maintain their liberties, pomp, and estimation above all other secular princes and persons.
First, as concerning fear to be given to God, which he divideth in 3. partes, in giving, in honoring and restoring: for the first, he proveth that princes ought to give largely and without measure to the Church by these arguments.
By the testimony of Justinian: although nothing is good which is too much, yet. &c. pag. 361. col. 2. I answer that in the time of Justinian, goods then given to the Church, were the goods of the poor. Wherein was used faithful distribution, voluntary giving, and necessary charity. But now in our Popish Churches, revenues and lands given, neither are distributed to the poor: and yet are men compelled against their will to give still. And again, so little necessity is now to give to such, that the most wealths of Realms almost is in their hands and houses: in so much that they flowing in such wealth, are now waxed so proud, that kings can scarce bear any rule for them, as was proved before, pag. 3 30. col. 2. that the Popes revenues here in England, mounted to more then three times double the stint of the kings crown. Wherefore by the counsel of Justinian, it was so then, and then might stand, quod Religio peperit diuitias : But now as the time is altered, so that counsel holdeth not, postquam nunc filia deuor auit matrē. That is, after that the daughter hath devoured the mother. Finally concerning men's giving to the Church in these our popish days, four faults I note.
First, that they give superfluously more then sufficient is to necessity of life.
Secondly, that they give to such as abuse it wickedly.
Thirdly, that in giving to them that need not, noble men in mean time defraud their poor neighbors, which need in deed, and yet do not complain.
Fourthly, because of this title of giving, men have used, and yet do use to put great hope of salvation therein, contrary to the Testament of God in Christ's death, whereof examples are before.
Pag. 361. col. 2. Abel offered of the best to the Lord, and was blessed of God. Ergo, every great man, that would be blessed of God, must offer of the best he hath unto the Church. Aunswere. This argument as it is far fet: so it is soon answered, wherein 3. notes are to be observed.
First, that he which offereth unto the church of God, doth not therein offer unto God immediately as Abel did.
Secondly, neither is this to be granted, that he which offereth to all Churchmen, offereth by and by to the Church of God. For many times the Churchmen are one: and the Church of God is another. Laurence the Martyr showing forth the church of god, brought out the poor of the Parishe, and not of the priests of the Church. Pag. 72. col. 1.
The third note is this: that if noble persons should offer unto God (by the example of Abel) that which is the best and fattest of the flock: then should they offer unto the Lord, of their flock only, and not of their lands. Yea, and to note the very truth, they are taught thereby to offer to God, neither cattle nor lands, but that which is the very best, that is, their own bodies for a lively sacrifice to God. He that offered up to God a proud heart, and killed it with the axe of humility, giveth unto him the best and fattest bullock he hath in all his flock. With like reason I answer also the place of Numeri. 18. and of Paral. cap. vlt. that to offer up, or to separate unto the Lord's treasury, is not now to give to Priests and Chaplains of the Church, which peradventure have more then they do well occupy: but to give liberally to the communion of Saints, which are needy, and are the true treasury of the Church in deed, as Laurence the true treasurer said, supra, pag. 72,
Pag. 362 col. 1. By God's commandment we are bound of duty to honor our temporal fathers. Ergo, by the same duty we are bound much rather to honor our spiritual fathers, that is Priests and Prelates. Aunswere. A father in common speech is diversely taken, as by age, by nature, by office. And to all these we of duty, are bound to yield honor, reverence, obedience submission, all be it not all after one sort, nor in like degree. For as we are bound to honor our father and mothers: so aged men & elders have also their honor and name of fathers So Magistrates and spiritual teachers in their kind, have their honor and reverence. And S. Paul saith, that such are worthy of double honor, qui been praesunt, & qui laborant in sermon. But in this two things are to be noted, wherein this honor consisteth, and howe far it extendeth. These spiritual fathers of the Church, think they be not honored enough, unless Kings and Emperors give and surrender unto them all the temporal rule & government, to do what they list, and none to control them. And unless noble men and subjects indue them with temporal lands and possessions, so much as they would have. And this they call honor, which they define only by giving temporally: where in deed it rather consisteth in giving spiritually, as to have a reverent opinion of their ministration, to yield a prompt obedience to their doctrine, to reverence them as the ministers of God, and not to despise, defame, or molest their persons, whereof S. Paul also about the same place speaketh, writing to Timothy. Let no man despise thy youth. &c. Also to Titus 2. Let no man despise thee. &c. And this is to honor our spiritual fathers.
Secondly, to consider howe far this honor extendeth: as no man doeth deny, but these pastors are worthy their double honor, which rule well: so if they administer not their office well, they are under the ouersighte of the king, bearing the Temporal sword, worthy of double punishment. And yet to consider this double honor in them that rule well, howe far it doth extend: if it be compared to the honor due to our parents, case of necessity will soon decide it. For be it, that our parents, on the one side, and pastour of the other, stand in extreme need of the sons supportation, wherein he can help but the one: nature, I suppose, will and ought sooner run, and the word of Christ will sooner drive us to our father, then to the Priests Corban. Marc. 7. So that this distinction here may have place: that as the one standeth upon merit of virtue, so the other standeth upon mere duty of necessity.
Pag. 362. col. 1. These jurisdictions temporal and spiritual are compatible in one person. Aunswere. I grant pro ration subjects. That is, in the subject it self there is no cause to the contrary, but these vocations may be exercised both of one person, as they have been of the Pope, one after the other (and so may contrary forms also) and yet the Popes person hath been able to sustain them both. But now here is to be considered, not what the nature of the subject is able to bear by Logic, but what order is taken herein by the will of God, whose order is this: That they, which with Peter, are called to the feeding of the flock, should leave their fishing nets, and fish for men: and that they which labor in the warfare of the Lord, should not entangle thenselves with the business of this life, whereby they may be more free to please him, whose soldiers they are. Tit. 2, &c.
Pag. 362. col. 1. The jurisdictions temporal and spiritual, are so distincted that they are not contrary. &c. Answer. And what let is there then, but our Queen now, and other kings hereafter may have the government of both states, as well Ecclesiastical as temporal? Seeing both the forms being compatible, may concur both in one subject: why not as well in the person of the King, within the Realm, as in the person of the Pope without the Realm?
Pag. 363 col. 1. God after the creation of the world, &c. unto Noes time: &c. Aunswere. If God unto Noes time governing the world as king, gave sentence himself against Cain (as ye say) howe then did he that by the ministry of angels? If he did it by the angels his ministers: Whether is more like then that to make for the Pope, or rather for kings and princes, whom the Scripture thrice in one chapter, calleth the ministers of God to execute punishment to him, that doth evil. Rom. 13.
Pag. 363. Noah also which offered. &c. Aunswere. If offering of burnt sacrifices to God do make a priest, then was Cain also, Abel, Abraham, Isaac, and all Patriarchs priests. If he had both temporal and spiritual jurisdiction upon them, which were in his Ark: I marvel why he did not curse • hen the disobedyent crowe that returned not to him again.
Pag. 363. col. 1, Melchizedek likewise. &c. Answer. Melchizedek properly did bear a figure of Christ, both king and priest, and of none other.
Pag. 363. col. 2. A. I have given to me. &c. Aunswere. That Christ hath all power given him, no man doubteth: but yet the same Christ saith, that his kingdom is not of this world. Neither would he be made a king in this world. &c. Non eripit mortalia, qui regna dat caelestia, him.
Pag. 363. col. 1. B. Whom Christ made his vicar. &c. Answer. Here in one line be two lies. For neither had Peter the very same power in heaven and earth as Christ had, neither was he the vicar of Christ.
Pag. 363. col. 1. C. As the offense of Ananias and Sapphira was not temporal but spiritual: so did Peter kill them not judicially, that is, as a temporal judge, but spiritually, that is, by the power of the spirit, which spirit wrought by him, not as by a judge, but as a minister. And although this act of Peter was extraordinary for a singular example: yet notwithstanding let any prelate with the like power of spirit, so do, & none will blame him.
Pag 363 col. 1. D. And so likewise the condemnation of Paul against the Corinthian, was only spiritual and not temporal.
Pag. 363. 1. E. must be referred to the order. &c. Aunswere. Christ would these causes to be referred to the hearing of the Church, for spiritual admonition, but not for temporal jurisdiction of the prelates.
Pag 363. col. 1. F. All things that the true Church doth truly bind are bound. I grant: but first let the Pope prove his Church to be the true Church, and himself to be the universal head thereof, and then let him claim the keys.
Ibid. The two swords do as much signify the two regiments: as do the two fishes wherewith Christ did feed four thousand persons.
Ibid. Christ bad Peter put up his sword and not to cast it away. Ergo, the Church may have the temporal sword. Answer. God give you good morrow, I have brought you a capon.
Pag. 364. col. 1. I. Know ye not the Saints. &c. Aunswere. S. Paul here willing the Corinthians to plead their matters not before the heathen, but before the Saints: meaneth the faithful of the congregation, not only prelates.
K. In them was not the like reason. &c. Aunswere. I grant, for Christ and true Christians is one thing: Antichrist and his Church is another thing.
Ibid. As ye say, the Apostles had no laisure to take lands and possessions, for preaching: but now, for Lordly loitering you have laisure enough.
Pag. 364. col. 1. M. They are most fittest to bear temporal rule, which follow nearest to God. Prelates of the clergy follow nearest to God. Ergo, Prelates of the Clergy are more meetest to bear temporal rule.
Resp. If God here be taken for that God, which is called the belly. I grant they seem to follow nearer. But if it be taken for the true God, not I, but their own fruits, life, and doctrine, and Isaiah also would deny their minor, and say, that this people draweth near to me with their lips, but their heart is far from me.
Pag. 364. col. 1. You are a chosen generation, a royal Priesthode. &c. Aunswere. This place of Peter was written not only to persons Ecclesiastical, but to the whole congregation of the Saints disparsed, as the words following may declare. Qui eratis quondam non populus. &c.
And thus much concerning French matters, which because they be Ecclesiastical, and bear with them some utility to the diligent reader (such as list to search, note and observe the acts of men, and course of religion) I thought therefore here to place and adjoin next after, the other contention before proceeding between Philip the French king and Pope Boniface. Albeit as touching the perfect keeping of years and time, I am not ignorant that this foresaid Parliament thus summoned and commenced against the French prelates falling in the year of our Lord. 1329. was to be referred rather to y • reign of king Edward the i • . Of whom now remaineth (by the grace of Christ) in order of history to prosecute, declaring first the instructions and informations of his father given to him in the time of his departing. The year of our Lord 1307. and the last year of the king, the foresaid king Edward in his journey marching toward Scotland: in the North fell sick of the flixe, which increased so feruētly upon him, that he dispaired of life. Wherefore, calling before him his Earls and Barons, caused them to be sworn, y t they should crown his son Edward in such convenient time after his death as they might, & keep the land to his use, til he were crowned. That done, he called before him his son Edward, informing and lessoning him with wholesome precepts, & charged him also with diverse points upon his blessing: first that he should be cou • teous, gentle, upright in judgment, fair spoken to all men, constant in deed and word, familiar with the good: and especially to the miserable to be merciful. After this, he gave him also in charge, not to be to hasty in taking his crown, before he had revenged his fathers injuries stoutly against the Scots: but that he should remain in those parties to take w t him his fathers bones, being well boiled from the flesh, and so enclosed in some fit vessel, should carry them with him til he conquered all the Scots: saying, that so long as he had his fathers bones w t him, none should overcome him. Moreover, he willed and required him, to love his brother Thomas, and Edmund: also to cherish & tender his mother Margaret the Queen. Ouer & besides, he straitly charged him upon his blessing (as he would avoid his curse) that he should in no case cal to him again, or send for Peter Gaueston: which Peter Gaueston the king before had banished the realm, for his naughty and wicked familiarity with his son Edward, and for his seducing of him with sinister counsel. For the which cause, he banished both Peter Gaueston utterly out of the realm, and also put the said Edward his son in prison. And therefore so straitly charged his son, in no wise to send for this Gaueston, or to have him in any case about him. And finally, because he had cōceined in himself a vow to have returned his own person to the holy land (which for his manifold wars with the Scots, he could not perform) therefore he had prepared 32000. pounds of silver, for the sending of certain soldiers with his heart unto the holy land. Which thing he required of his son to see accomplished. So that the foresaid money, under his curse & malediction, be not employed to other uses. But these injunctions and precepts, the disobedient son did nothing observe or keep after y e decease of his father. Who forsaking and leaving of the war with the Scots, with all speed hasted him to his coronation. Also, contrary to the mind of his nobles, & against the precept of his father he sent for the foresaid Peter Gaueston, & prodigally bestowed upon him all that treasure which his father had bequested to the holy land. He was moreover a proud despiser of his peers & nobles. And therefore reigned infortunately, as by the sequel of the story here following, by the grace of Christ shall be declared. Thus king Edward first of that name, leaving behind him 3. sons, Thomas and Edmund by his third wife, and Edward by his first wife, whom he had sufficiently thus with precepts instructed, departed this mortal life. An. 1307. after he had reigned near 39. years. Of whom this Epitaph was written.
In y e time and reign of this king, many other things happened, which here I omit to speak of: as the long discord and strife between the Prior of Cant. and the Prior of Dover, which continued above 4. years together: with much wrangling & unquietness between them. Likewyse another like contention growing between John Romain Archb. of York, and the Archb. of Cant. upon the occasion, that when John Archb. of York after his consecration returned from the Pope, and coming to Dover, contrary to the inhibition of Cant. passed through y e middle of Kent, with his cross borne up: although the story reporteth, that he had the kings consent thereunto. An. 1286.
Item, between Thomas Bishop of Hereford, & John Pecham Archb. of Cant. fell another wrangling matter, in the time of this king. Which Bishop of Hereforde appealing from the Archb. to the Pope, went up to Rome, and in his journey died. Who with less cost might have tarried at home. 1282.
King Edward the second.
E Dwarde the second of that name, and son of Edward the first, borne as is aforesaid at Carnaruan in Wales, after the departure of his father, entered the government of the lande. An. 1307. But was crowned not before the year next following. An. 1308. by reason of the absence of Rob. Winchelsey, who was banished by king Edward the first. Wherupon the king this present yere writeth to the pope for the restitution of the said Archb. for that by an ancient law of the realm, the coronation of the king could not otherwise proceed without the Archb. of Cant. Which Edward as he was personable in body and outward shape, so in conditions and evil disposition much deformed. As unsteadfast of word, and light to disclose secretes of great counsel: Also refusing the company of his Lord's & men of honor: he much haunted among villains and vile personnages: Geuen moreover, to ouermuche drinking, and such vices as thereupon be wont to ensue. And as of his own nature he was to the said vices disposed, so was he much worse by the counsel and familiarity of certain evil disposed persons, as first of Peter or Pierse Gaueston before touched. Then after him of the two Spensers and other, whose wanton counsel he following, gave himself to the appetite and pleasure of his body: nothing ordering his common weal by sadness, discretion and justice: which thing caused first great variance between him and his nobles, so that shortly he became to them odible, and in ende was deprived of his kingdom. In the first year, he took to wife Isabel daughter of Phillippe king of France: with whom (the year after) he was crowned at Westminster, by the bishop of Winchester: for that, Robert Winchelsey Archbishop of Canterbury, was yet in exile not returned home. Notwithstanding, the Barons and Lord's made first their request to the king to put Peter Gaueston from him, or else they would not consent to his coronation. Whereupon he was enforced to grant them at the next parliament, to have their requests accomplished, and so was crowned. In y e mean season, the foresaid Peter or Pierse bearing himself of the kings favor bold: continued triumphing and setting at light all other states and nobles of the Realm, so that he ruled both the King and the Realm, and all things went as he would. Neither had the king any delight else, or kept company w t any, but with him: with him only he brake all his mind, & conferred all his counsels. This as it seemed strange unto the Lord's and Earls, so it inflamed their indignation so much against this Peter, that through the exciting of the Nobles, the Bishops of the land did proceed in excommunication against the said Gauerston, unless he departed the land. Upon the occasion whereof, the King the same first year of his reign, being grieved with the Bishops, writeth to the Pope, complaining that they had proceeded to excommunication of the said Peter, unless he departed the realm within a time certain. The which letter of the king, what answer again the king had from the pope, I find not set down in story. Ouer and besides, it befell in the said first year of the king, that the Byshoppricke of York being vacant, the king gave the office of the treasour to one of his own clearkes: whereof the pope having intelligence writeth to the King, commanding him to call back the same gift, and w t all citeth up to Rome the said clearke, there to answer the matter to a nephewe of one of his Cardinals, upon whom he had bestowed the said dignity whereunto the king maketh answer. Quod citationes huiusmodi & illorum executio &c.. i. That if such citations and the execution of the same should proceed to the impeachement of our kingly jurisdiction, and to the prejudice of our lawful inheritance and the honor of our crown (especially of the deciding of such matters which principally concern our estate, should be prosequuted in any other place then within this our Realm by any manner of ways. &c.) Certes, although we our selves would wink thereat, or through sufferance permit matters so to pass our hands: yet the states and nobles of our kingdom, who upon allegiance are obliged and sworn to the protection and defense of the dignity of the crown of England, will in no wise suffer our right and the laws of the lande so to be violated.
Besides this, the foresaid pope wrote to the king, complaining that by certain councellours of king Edward his father lying sick, utterly ignorant thereof, a certain restraint was given out, charging his nuncios and Legates (whō he had sent for the gathering of the first fruits of the benefices vacant within the realm) not hereafter to entermeddle therewith. &c. whereunto the king maketh answer.
In English thus.
Thus the time proceeded, & at length the Parliament appointed came. An. 1310. which was the fourth of this kings reign. The articles were drawn by the nobles to be exhibited to the king, which articles were the same contained In magna charta, and de foresta above specified: with such other articles as his father had charged him with before: to wit, that he should remove frō him and his Court, all aliens and perverse counselors. And that all the matters of the common wealth should be debated by common counsel of the Lord's both temporal and spiritual: and that he should stir no war out of England in any other foreine realm, without the common assent of the same. &c. The king perceiving their intent to be, as it was in deed, to sonder Peter Gaueston from his company: and seeing no other remedy: but needs must yield and grant his consent, agreed that the said Gaueston should be banished into Ireland. And so the Parliament breaking up, the Lord's returned to their own, well appeased: although of the other articles they could not speed, yet that they had driven Peter Gaueston out of the Realm, at this time, it did suffice them.
Thys Peter Gaueston was a certain Gentleman's son of Wasconie: whom being young, king Edward the first (for the good service, his father had done him in his wars) received to his Court, and placed him with his son Edward now reigning. Who, in process of time growing up with him, incēsed and provoked him to much outrage and wantonnesse. By whose occasion first he began in his fathers days, to break the park of Walter bishop of Chester, then Chancellor of England, and after executor to the king. For y e which so doing, the king (as is partly touched before) imprisoned his son, and condemned this Peter to perpetual banishment. Notwithstanding the young king, after the death of his father (as ye have heard) sent for this Gaueston again. And with all, so persecuted this foresaid Bishop, that he clapt him in y e tower, and seised upon all his goods. Moreover, caused most strait inquisition to be made upon him for guiding his office, wherein if the least crime might have ben found, it would have cost him his life. And thus much of Peter Gaueston, and of his origin. Now to the matter.
The king thus separated from his old compere (that is from the company of Peter Gaueston, now exiled into Ireland) continued in great mourning and pensiuenesse, seeking by all means possible, howe to call him home again, and conferring with such as were about him upon the same. Who did insinuate to the king, that for so much as the Earl of Gloucester was a man well loved and favored in all the realm, if a marriage might be wrought betwixt his sister and Peter Gaueston: It might be a mean both for him to obtain more friendship, and for the king to have his desire. To make short, Peter Gaueston in all hast was sent for, & the marriage through the kings procuring, proceeded between the Earls sister, and the foresaid Peter, albeit sore against the Earls mind. Gaueston thus restored and dignified, was so surprised in pride and exaltation, more then ever before: that he disdained & derided all other, whose rule & power more & more increased. In so much, y t he having the guiding of all the kings jewels & treasure, cōueied out of y e kings jewel house at Westminster a table & a pair of tressels of gold, unto certain merchants beyond the sea, with other jewels • o to his behoove: to the great impoverishing both of the king & Queen, and of the land. And over all that, brought the king (by mean of his wanton conditions) to manifold vices, as aduoutrie, and such other like. Wherefore, the Lord's seeing the mischief that daily increased by occasion of this unhappy man: took their counsel together at Lyncolne, and there concluded to void him again out of England, so y t shortly after he was exiled again, and went into Flaunders: for in France or his own country he durst not appear, for fear of Philip the French king, to whō the Queen of England his daughter had sent over great complaints, of the said Gaueston: who had so impoverished her & the whole Court, that she had not wherewith to maintain her state. Uppon which complaint, the French king through all his dominions laid strait watch to apprehend the said Gaueston: but he not vnwarned thereof, secretly coasted into Flaunders, from whence it was not long, but he was fet again by the king, as in further process followeth: so much was the kings heart infatuated by this wicked person.
About this year, or the next before came in first the crowched Friers. And also began first the knights of the order of S. John the Baptist, otherwise called the knights of Rhodes: for that they, by manly knighthood put out the Turks from the Isle of Rhodes.
In the history of king Edward this kings father before precedent, mention was made of Pope Clement the 5. who succeeded after Benedict: also of putting down of the templaries, which in this year happened by the means of the French king: who as he caused to be burned in the City of Paris this year, 54. Tēplaries, with the great master of the same order: so by his procurement the foresaid Pope Clement called a Council at Vienna, where the whole order and sect of Templaries being condemned, was shortly after by the consent of all Christian kings deposed all in one day. After whom, the French king thought to make his son king of Jerusalem, and to convert to him all the lands of the said Templaries: But Clement the Pope would thereto not agree transferring all their lands to the order of hospitulers, for the great sum of money given for the same. The cause why these impious Templaries were put down was so abhominable and filthy that for the reverence of chaste ears it were better not told if it be true that some write.
An other matter worthy to be noted of like abomination I thought here to inserte touching a certain Noonery in France called Prouines, within the which at the cleansing and casting of a fishpond were found many bones of young children and the bodies also of some infantes as yet whole vnconsumed: upon occasion whereof diverse of the Nuns of the said Nunnery to the mumber of 27. were had to Paris, and there imprisoned, what became of them afterward I find not in mine author. Arpontacus Burdegalensis.
In the the same Counsel also was decreed by the said Clement, y t all religious orders exempted, should be subject under the common laws as other were. But Cistercian Monks with money and great gifts, redeemed their privileges and exemption of the pope, and so had them granted Tho. Walls. These Cistercians sped better herein, then did y e Minorites of Franciscās in their suite. Of the which Franciscans, when certain of them had offered unto the said Pope Clement 40. thousand florences of gold, beside other silver, that the Pope would dispence with them to have lands and possessions against their rule: the Pope asked them where was that money? They answered, in the merchant men's hands. So the space of three days being given thē to bring forth these merchants: the P. absolved the marchaunts of their bond made to the Friars, and commanded all that money to be employed and reuerted to his use. Declaring to the Friars, that he would not infringe or violate the rule of S. Francis lately canonised: neither ought he to do it for any money. And thus the beggarly riche Friars lost both their money and their indulgence. Ex eodem autore.
Concerning this pope Clement the 5. Sabellicus writeth that he excommunicated the Uenecians, for aiding and preferring of Azoda, unto the estate of Ferrary: and wrote his letters throughout all Europe, condemning them as enemies of the Church, and giving their goods as a lawful pray unto all men, which caused them to sustain great harm. But Francis Dandulus a Noble man of Venice being Ambassador from the Uenecians to the said Clement, for the obtaining of their absolution and safeguard of their Citty and country, and for the pacifying of the popes fury toward them, was fain so to humble himself before this proud tyrannical Prelate, that he suffered a chain of iron to be tied about his neck, and so he lie down flat before his table, and so to catch the bones & fragments that fell from his table, as it had been a dog, till the Popes fury was toward them asswaged: So that after that, he in reproach (because he so humbled himself for the behalf and helping of his country) was of some called a dog. But the Citty of Venice shown themselves not unkind again to Dandulus for his gentle good will declared to his country. For as he had abased himself before the vile and ignominious condition of a dog for his Countries sake: so they extolled him with as much glory again being returned home, decking and adourning him after the best array, with the chief princely ornaments of the Citty, to make him amends for his former reproach received. Sabel Ennead. 9. li. 7
Concerning the Constitutions of this pope Clement, and of his decretals and Clementines: and how Henricus the Emperor in his days was poisoned in receiving of the Sacrament, ye have heard before. About this time Robert Winchelsey Archbishop of Canterbury (whō this kings father had banished before) was released and returned home from Rome.
Those things thus declared, let us proceed (by the Lord's grace) to the next year, which is of the Lord. 1311. & the fifth year after this kings reign. In y e which year compting the year from Michelmasse, to the same feast again, as then the usage of the Realm was: Peter Gaueston, who had wandered the countries about, & could find no safe resting place (notwithstanding he was utterly banished, upon forfeiting life and goods out of the realm, yet trusting upon the kings favor, and the good will of the Earl of Gloucester, whose sister he had married) secretly returning into England with a certain company of strangers: presented himself to the kings sight. At the beholding of whom, the king for joy ran to him, and imbracinge him, did not only retain him: but also for his sake undid all such acts as had been in the Parliament before, enacted. The Queen and the whole Court seeing this doting of the king, made an heavy Christenmas. After this return of Gaueston was noised among the commons, y e Pieres and Nobles of the Realm were not a little stirred, casting with themselves, what way were best to take. If he were suffered still they saw not only themselves rejected, but also that the Queen could not enjoy the love of the King, neither could there be any quietness in the Realm. Again, to stir up war in the land, it were not the best: to vex or disquiet the king, also they were afraid. But for as much as they could not abide, all the nobility so to be thrust out and vilepended for the love of one stranger, & also the realm so to be spoiled and impoverished by the same: This way they took, that Thomas Earl of Lancaster, should be elected among them the chieftayn and chief doer in that business: to whom all other Earls and Barons, and prelates also did concordly condescend & consent, except only walter Bishop of Coventry, whom Robert the Archbishop therefore afterward did excommunicate. which Thomas of Lancaster by the public assent of the rest, sent to the King (lying then at York) humble petions, in the name as well of the whole Nobility, as of the commons: Desiring his grace to give the foresaid Gaueston unto them, or else according to the ordinance of the Realm, that the land might be avoided of him. But the tyrannious king, who set more by the amour of one stranger then by his whole realm beside: neither would hearken to their counsel, nor give place to their supplications: But in all hasty fury, removed from York to Newcastle, where he remained almost till midsommer.
In the mean season, the Barons had gathered an host of sufficient and able soldiers, coming toward Newcastell: not intending any molestation against the king, but only the execution of the laws upon wicked Gaueston. The king not having wherewith to resist their power: removeth in all speedy manner to Thinmouth, where the Queen lay. And hearing there that Newcastle was taken: taketh shipping and sayleth from thence (notwithstanding the Queen there being great with child, with weeping tears and all instance, desireth him to tarry with her as safely he might) but he nothing relenting to her, took Peter his compiere with him, and coasted over to the Castle of Scarbrough, where he leaving Peter Gaueston to y e safe keeping of his men, himself iournieth toward y e coast beside warwike. The Lord's hearing where Peter was, bendeth thither all their power: so that at length Gaueston seeing no remedy but he must needs come into their hands yieldeth and submitteth himself: requiring none other condition, but only that he might talk but a few words with the king in his presence. Thus Gaueston being apprehended, the king hearing thereof, sendeth unto the Lord's, requiring his life to be spared: and that he might be brought to his speech, and so promised, that in so doing he would satisfy their minds and requests, whatsoever. About this, advisement was taken: but then the Earl of Penbroke hearing the kings promise, persuaded the Barons to grant unto his petition: promising himself, upon loosing all his lands to take their charge upon him to be brought unto the kings speech, and so to be recommitted to thē again. Which when he had obtained, he taketh Peter Gaueston with him, to bring him where the king lay. And so coming to Dedington, not far from Warwike, leaveth him in the keeping of his soldiers, while he that night went to his wife, being from thence not far of.
The same night it chanced, Guido the Earl of Warwike to come to the same place where Gaueston was left: who taking him out of the hands of his keepers, carrieth him to the Castle of Warwike, where incontinent they would have put him to death: but doubting and fearing the kings displeasure, a little they stayed. At what time one of the company (a man of sage and wise counsel as mine author writeth) standing up among them with his grave Oration declareth the nature of the man, the wickedness of his own condition, the realm by him so greatly endamaged, the nobles despised and rejected, the pride and ambition of the man intolerable, the ruin of things like to ensue by him, and the great charges and expenses they had been at in so long pu ••• ing and getting of him. And now being gotten and in their hands, he exhorteth them so to use and take the occasion now present: that hereafter being out of their hands, they afterward might seek, and should not find it.
Briefly, in such sort he persuaded y e hearers, that forthwith he was brought out, and by common agreement beheaded in a place called Blakelow, which place in other stories I find to be called Gaueshed, but that name (as I think was derived upon this occasion, afterward. And thus he, that before had called the Earl of Warwick the black dog of Ardeine, was thus by the said dog worowed as ye have heard. &c. His carkas, the Dominic Friars of Oxford had in their Monastery interred the space of two years: but after that, the king caused the said carkas to be taken up and buried within his own Manor of Langley.
After this, great disturbance began to rise between the king and the Lord's: who having their power lying about Dunstable, sent stout messenge unto the king at London, to have their former acts confirmed. Gilbert Earl of Gloucester the kings nephew (who neither did hold against the king nor yet against the Nobles) with the Bishops and Prelates of the Realm: went between both parties with great dilligēce, to make unity. At which time also came 2. Cardinals from Rome, with letters sent unto them from the Pope. The Nobles answered to the message of the Cardinals, lying then at Saint Albans: that as touching themselves they should be at all times welcome to them: But as touching their letters (forasmuch as they were men vulettered, and only brought up in war and feats of arms) therefore they cared not for seeing the same. Then message was sent again, that they would grant at least but to speak with the popes legates, which purposely came for the intent to set quiet and unity in the Realm. They answered again, that they had bishops both godly and learned, by whose counsel they would be led only and not by any strangers, who knew not the true cause of there commotion. And therefore they said precisely, that they would no foreiners or alians to be doers in their business, and affairs pertaining the realm. Yet notwithkāding, through the mediation of the Archbishop, and of the Earl of Gloucester: the matter at length was so takē up, y t the Barons should restore to the king, or his attourny of S. Albans, all the treasure, horses, and jewels of the foresaid Gaueston taken at Newcastle, and so there requests should be granted. And so was the matter at time composed.
Shortly upon the same, Isabell the Queen was delivered of a fair child at Windsore, whō Louis the French kings son (the Queens brother, with other Frenchmē there present) would to be called by the name of the French king: but the English Lord's were contrary, willing him to be called by the name of Edward his father. At the birth of which Edward, great rejoicing was through all the land, and especially the king his father so much joyed thereat: that he begun daily more and more to forget the sorrow and remembrance of Gauestons death, and was after that more agreeable to the will of his Nobles.
Thus peace and concord between them began to be in a good toward ones: which more and more might have ben confirmed in wearing out of time, had not Satan the author and sower of discord, stirred up his instruments (certain Frenchmen, Titinyllars, and makebates about the king) which ceased not in carping and depraving the Nobles, to inflame the kings hatred & grudge against them. By the exciting of whom, the old quarrels being renewed a fresh, the king in his Parliament called upon the same: began to charge the foresaid Barons and Nobles with sedion and rebellion, & for slaying Peter Gaueston. Neither were the nobles less stout again in defending their cause declaring that they in so doing had deserved rather thank and favor with the king then any displeasure, in vanquishing such a public enemy of the Realm, who not only had spoiled and wasted the kings substance, but also raised much disturbance in the realm. And for as much as they had begun with the matter to their so great labors & expenses: they would proceed further, they said, not ceasing til they saw an end thereof. To be short, great threats there were on both parts, and a fowl matter like to have followed. But again through the diligent mediation of the Queen, the Prelates, and the foresaid Earl of Gloucester: the matter was taken up and brought to reconcilemēt upon these conditions, that the Lord's and Barons openly in Westminster hall should humble themselves before the king, and ask pardon there of their doings, and every man there to receive a letter of the kings pardon, for their indemnity, and assurance. And so passed over that year, within the which year died Robert Winchelsey Archbishop of Canterbury. In whose room, Thomas Cobham was elected by the king and church of Canterbury to succeed: but the Pope, cassating that election, placed Walter Reynald Bishop of Worcester.
In the mean time, the Scots hearing this civil discord in the Realm, began to be busy, and to rebel of new through the means of Robert Brius: who being chased out of Scotland, by king Edward the first, as is above premised, into Norway, was now returned again into Scotland: where he demeaned him in such sort to y t Lord's there: that in short process he was again made king of the Realm: And warred so strongly upon them that took the kings part: that he wan from them many Castels and strong holds, and invaded the borders of England. The K. hearing this, assembleth a great power, and by water entereth the Realm of Scotland. Agaynst whō he encountered Robert de Bruys with his Scots at Estriuallin, where was fought a strong battle: in the end whereof, the Englishmē were discomfited, & so eagerly pursued by the Scots, that many of the Noble men were slay ne, as the Earl of Gloucester, Syr Robert Clifford, Syr Edmund Maule with other Lord's to the number of 4.2. & knights and Barons 227. besides men of name, which were taken prisoners: of common soldiers 10. thousand, or after the Scottish story 50. thousand slain. After which time, sir Robert Bruis reigned as king of Scotland.
About which time and in which year, died Pope Clement, who keeping in the realm of France, never came to the sea of Rome: after whose death the Papacie stood void two years.
The Scots after this exalted with pride and fierceness invaded the realm of England so • ore killing & destroying man, and woman, and child: that they came wyning & wasting the Northpartes as far as to York. Besides this, such dearth of victuals, and penury of all things so oppressed the whole land, such moraine of sheep and Oxen: as men were fain to eat horseflesh, dogs, cattes, myse, and what else they could get. Moreover, such a price of corn followed withal, y t the king hardly had bread, for y e sustentation of his own household. Moreover some there were y t stall children and did eat them, and many for lack of virtual died. And yet all this amended not the king of his evil living.
The cause and origene of this great dearth was, partly the wars and dissention between them and the Scots: whereby a great part of y e land was wasted. But the chiefest cause was, the intemperate season of the year, which contrary to the common course, was so moist w t abundance of rain: that the grain laid in the earth could have no ripyng by heat of the sun, nor grow to any nourishment. Whereby, they that had to eat, could not be satisfied with saturitie, but eftsoons were as hungry again. They that had nothing, weve driven to steal and rob: the riche were constrained to avoid and diminish their households: the poor for famine died. And not so much the want of vitayle which could not be gotten, as y e vnwholesomnes of y e same when it was taken, so consumed the people: that the quick were not suficient to bury the dead. For the corruption of the meats, by reasō of unseasonableness of the ground, was so infectious: that many died of the f • ixe, many of hot fevers, diverse of the pestilence. And not only the bodies of men thereby were infected, but also the bea • es by the putrifaction of the herbs and grass fell in as great a morain: so farforth, as the eating of flesh was suspect & thought cōtagious. A quarter of corn and salt, from the month of June to September grew from 30. s. unto 40. s. The flesh of horses was then precious to the poor. Many were driven to steal fat dogs and to eat them: some were said in secret corners to eat their own children. Some would steal other men's children to kill them and eat them privily. The prisoners and thieves that were in bands, such as newly were brought in unto them, for hunger fell upon them, and tearing them in pecces did eat them half alive Briefly, this extreme pemiry had extincted and consumed (as it was thought) the greatest part of the people of the land: ha d not the king by the statute of the Londoners givē forth commandment through all his land, that no corn should at that time be turned to the making of drink. Such a Lord is God, thus able to do where he is disposed to strike. And yet we miserable creatures, in our wealth and abundance will not surcease daily to provoke his terrible majesty.
But let us return to the order again of our story. After the Scots had thus plagued miserably (as ye have heard) the Realm of England: they invaded also Ireland where they kept and continued war the space of 4. years. But in fine, the Irishmen (by aid sent to them from England) quitte themselves so well: that they banquished the Scots, and slew Edward Bruys, and many of the Nobles of Scotland with many other, and drove the residue out of the country.
The king about the 12. year of his reign, assembled a new host and went into Scotland, where he laid siege to Barwike. But in the mean time, the Scots by another way, invaded the marches of Yorkeshyre, robbing and harieng the country, that they slew much people. Wherefore, the Archbishop of of York, and other Abbottes, Pryors, Clerks, with husbandmen: assembled a great company, and gave them battle at a place called Mytton, where the Englishmen were discomfited and many of them slain: but the Archbishop, and the Abbot of Selby, and diverse other there escaped. But because there were so many spiritual men there slain, it was called therefore the white battle. By reason whereof, the king hearing of this, and partly because winter did approach, was constrained to break up his siege, and so returned not without great danger.
At this time the two Spensers (Syr Hugh Spenser the father, and Hugh Spenser the son) were of great power in England, and by the favor of the King practiced such cruelty, and bare themselves so haughtely and proud: that no Lord of this land might gainsay them in anything that they thought good, whereby they were in great hatred and indignation both with the nobles, and the commons, no less then Peter Gaueston was before.
Soone upon this, came two Legates from Rome, sent by pope John the 22. under the pretence to set agreement between England and Scotland: who for their charges and expenses, required of every spiritual person iv.d. in every mark. But all their labor nothing auailed: For the Legates as they were in the North parts (about Derlinghton) with their whole family and trayne: were robbed and despoiled of their horses, treasure apparel, and what elles they had, and with an evil favored handling, retired back again to Duresine, where they said a while waiting for an answer from the Scots. But when neither the popes Legacy nor his curse would take any place with the Scots: they returned again to London, where they first excommunicated and cursed as black a s soote, all those arrogant and presumptuous robbars of Northumberland. Secondly, for supplying of the losses received, they exacted of the Clergy to be given and paid unto them viii.d. in every mark. But the Clergye thereunto would not agree, seeing it was their own couetouines (as they say) that made them venture farther then they needed. Only they were contented to relieve them after iv.d. in a mark as they promised before, further they would not grant. whereof the king being aduertized, and taking part with his clergy, directeth his letters to the said Legates in form as followeth Rex Magistro Rigando. &c.
REX Magistro rigando de Asterio (canonico Aurelian. Salutem &c. In English thus.
The king to master Rigand of Asserio (Canon of Aurelia greeting. We have taken notice of the clamours and lamentable petitions of the subjects of our Realm, perceiving by the same that you practice many and sundry inconveniences very strange: never heretofore accustomed nor heard of in this our realm, as well against the Clergy and ecclesiastical persons as against the layrie even to the utter oppression and empouerishing of many our liege people which if should be winked at (as God forbid) may in process of time be occasion of greater perils to ensue whereat we are (not without cause) moved, and not a little grieved. We forbid you therefore that from henceforth you practice not, ne presume in any case to attempt any thing within this our Realm either against our Clergy or laytie, that may any manner of way tend to the prejudice of our Royal person or of our Crown and dignity Regal, witness the king at wyndsoure the vi. day of February in the xi. year of his reign. Per Concilium.
Likewise in the same year the said king writeth to the same effect to the Archbishop of Canterbury as followeth Rex venerabili in Christo Patri. W. eadem gra. Archiepiscopo Cant. In English thus.
The king to the reverend father in God. W. by the same grace Archbishop of Canterbury 1. primate of England greeting. We are credibly informed by many our subjects that certain strange imposicions never heard of before within any our dominions vpō lands & tenemēts, goods and cattels concerning testaments and cases of matrimony are brought into our Realm to be executed upon our subjects by you or some others which if should proceed to execution, would manifestly tend to the disherisō of our Crown, impeachment of our Crown and dignity Regal and the intolerable damage of the subjects of our realm (and to the dew preservation of the which you are bound by solemn oath of allegiance) we therefore command and straitly charge you, that you proceed not in any case to the execution of any such letters either in your own person nor by any other, nor yet presume by color of the same to attempt any thing that may be prejudicial or hurtful to our Crown or dignity Regal. And if you or any other in your name have done or attempted any thing by color of the same, that ye call back and revoke the same forthwith without delaye. Witness the King at Shene the xvii. of February the xi. year of his reign.
Peripsum Regem.
The like letters in effect were directed to the Archbyshop of York, and to every other Bishop through England. By force of which letters the greedy Legates being restrained of their ravening purpose taking what they could get, and setting a peace (such as it was) between the king and the Earl of Lancaster were fain to pack. Besides the restraynt above mentioned for strange imposicions there followeth moreover the same year the kings prohibitiō for the gathering of Peter Pence directed to the foresaid Legate the Tenor whereof followeth.
A prohibition of Peter Pence.
Rex magistro Rigando &c. In English thus. The king to master Rigand of Asserio Canon of Aurelia greeting. We are given to understand that you do demand and purpose to leuye the Peter Penny within our Realm otherwise then the said Peter Penny hath been heretofore accustomed to be leuyed in the time of any our progenitors exercising herein grievous censures ecclesiastical to the great annoyaunce and damnifying of the subjects of our Realm for present remedy whereof our loving subjects have made their humble supplication unto us. And for as much as the said Peter Penny hath been hitherto accustomed to be gathered and leuyed upon lands and Tenementes within our Realm after a dew manner and form We not willing that any such unaccustomed Imposicions shall in any wise be made upon the lands and Tenemēts of any our subjects within our dominions: Prohibite you upon grievous pain strai ghtly charging that in no wise you presume to exacte gather or leuy the said Peter Penny in any other form or manner then hath been heretofore accustomed to be gathered and levied in the time of our progenitors or since the beginning of our reign: until further order be taken in our high Courte of Parliament by the advise of the Nobles and Pieres of our realm, such as may well be taken without prejudice of our Crown and damage of subjects. Witness the king at Westminster the first day of march.
Per ipsum Regem & Consilium.
To the same effect letters were directed to the Archbishops, Deans, Archdeacons and the rest of the clergy. Touching the first original of which Peter pence though mention be made before in the life of king Offa and others: yet to make a brief recapitulation of the same according to the Rolls as they come, to our hands thus it followeth. De Denarijs beati petri sic scriptum. &c. That is to say: It is thus found recorded in ancient Chronicles touching the Peter pence of S, Peter, an. 187. Offa king of Mercia traveled up to Rome in the time of the Pope Adrian the first to obtain the Canonizing of S. Albone. And having performed his vow, visiting the College of English Students which then flourished in Rome, did give to the maintenance of the scholars of England Studentes in Rome, one penny out of every Tenemēt within this Realm that had land belonging to the same, amounting to the yearly value of 30 pence. And for this his munificence he obtained of Pope Adrian that no person within his dominions public repenting him for not performing enjoined penance should therefore be banished.
Anno Domini. 857. Adewulfus Rex Westsaxonium tempore Leonis Papae quarti Rome, singulis annis 300. Mancusas portari precepit, taliter diuidendas ibidem Viz. 100. Mancusas in honor scilicet petri specialiter ad emendum oleum, quo impletetur omnia Luminaria ecclesiae Apostolicae in vespera paschae & in galli cantu: & 100. mancusas in honorem scilicet Pauli eisdem de causis. 100. preterea mancusas precepit exhiberi Vniuersali Pape ad suas Eleemosinas ampliandas. Et sciendum quod secundum antiquorum Anglorum interpretationem differunt mancusa, & mancaiquia mancusa idem erat apud eos quod marca argentes: Manca vero erat moneta aria quadra, & valebat communiter 30. denarios argenteos.
Of which Peter Pence is found a transcript of the original Rescript Apostolical, the Tenor whereof is this.
Summa. 30. marce & dimidi.
Concerning which Peter Pence it is touched in y • laws of king Edward the Saint chap. 10. when where of whō under what pain this Peter Pence must be gathered being but the kings mere alms as is aforesaid. And thus much touching Peter Pēce. Now for other letters writ̄ by the k. to y e Pope, the same year for other matters as craning the popes help in compounding the variance betwixt the 2. Archibishaps of Cant. and York for bearing the cross from the one province to the other, thus it followeth that the king grievously complaineth quod tantae dissentiones. 1. that such hurly burly and uproar arose thereof that they could not meet together in one place through the great multitude of armed men assistants on both partes in the very bearing of the cross to the great disturbance of the people.
Now after this longe digression to tourne to our English matters again mention was made before of the variance between the king and the Earl of Lancaster and of a peace concluded between them. But this peace did not long endure: which the king by his own default did break sending to the Scots a privy messenger) which was taken in the way) to have the foresaid Earl of Lancaster by their means, made away, &c.
In the mean time, the Lord's and nobles of England detesting the outrageous pride of y e Spēsers, whereby they wrought daily both great dishonor to the king and hindraūce to the common weal: in such wise conspired against them, that gathering their power together, they made are quest to the king, that he should remove the Spensers frō his person. For the which, there was a Parliament called at London, & the Barons came together with a great company. At which Parliament both the Spensers were banished the land for term of their lives: and they took shipping at Dover and so voided the land. But it was not long after, but the king (contrary to that ordinance made in the Parliament) sent for the Spensers again, and set them in high authority, & ruled all things after their sensual appetites, nothing regarding justice nor the cominō wealth. Wherefore, y e Barons entēding again to reform this mischief, assembled their powers: but the king (making so hasty speed, and gathering his people so soon) was stronger then they, & pursued thē so in diverse places: that the Barons not fully joined together (some flying, & some departing to the king, some slain by the way) in the end were chased so eagerly: that in short space, the foresaid Thomas Earl of Lancaster was taken & put to death in the rest of the nobility, to the number of 22. of the greatest men, and chicfest Captains of this realm. Of whom only, Thomas Earl of Lancaster for the nobility of his blood, was beheaded: All the other Lord's and Barons, were hanged drawn & quartered. &c. which bloody unmercifulness of y e king toward his natural subjects, not only to him procured great dishonor within the realm, but also turned afterward to his much more greater harm & hindrance, in his foreign wars against the Scots: And finally wrought his utter confusion and overthrow of his seat royal, as in the sequel of his end appeared, and worthily.
After the ruin of these noble personages: the king as though he had got̄ a great conquest (who then in deed began first to be ouercomen and conquer himself, when he so oppressed and cut of the strength and sinews of his chiualrye) began to triumph not a little with his Spensers: And to count himself sure as though he were in heaven, to exercise more sharp severity upon his subjects, trusting and committing all to the counsel only of the foresaid Spensers: in so much, that both the Queen and the residue of y • other nobles could little be regarded. Who as they grew ever in more contempt with the king: so they increased in more hatred against the Spensers: but strength & hability lacked, to work there will.
The next year, the king being at York, after he had made Sir Hugh Spencer Earl, and Syr John Baldocke a man of evil same to be Chancellor of England: he thē areared a mighty host against the Scots. But for lack of skillful guiding, expert Captains, and for want specially of due provision of vitayles necessary for such an army: the great multitude, to the number reckoned of an hundredth thousand (wandering through Scotland, from whence the Scots, had conveyed all their goods and cattle into moutaynes, and marches) were so pynched and sterued with famyne, that a great part of the army, there presently perished: and they that returned home, as soon as they tasted of in eats, escaped not. The king neither having resistance of his enemies, and seeing such a destruction of his subjects: was forced without any act done to retire. But in his retiring, Sir James Duglas and the Scots having knowledge thereof, pursued him in such wise: that they clue many English men, and had well near taken the king himself. After which distress, the king thus beaten and wearied with the Scots, would fain have joined in • ruce with the Scots: but because they stood excommunicate by the pope he standing in fear thereof desireth license to entreat with them of peace, the said excommunication notwithstanding which license being obtained, a treaty was appointed by commissioners on both parts at Newcastle at the feast of Saint Nicholas next ensuing and so truce was taken for 12. years whereupon this is to be noted by the way (gentle reader) not unworthy of observation that whereas in former times and especially of the late king Edward the first, so long as the Scots were under the popes blessing, and we in displeasure with his holiness for dealing with them, so long we prevailed mightily against them, even to y e utter subversion in manour of their whole estate. But now so soon as the Pope took our part, & the Scots were under his curse and excommunication. Then gat they greater victories against us then any time either before or sithence, in so much as being before not able to defend them selves against us, they now pursued us into the bowels of our own country.
The king purposing to erect a house of Friars Augustine's within the town of Boston in Lincolneshyre first prayed the popes license in that behalf.
Polidorius Virgilius among other histories of our English nation which he intermeddleth withal, prosecuting also the acts and life of this present King, and coming to write of the Queens going over into France: inferreth much variety and diversity of authors and story writers, concerning the cause thereof. Otherwise, be giveth himself no true certainty of that matter, neither yet toucheth he y • which was the cause in deed. By reason partly, that he being an Italian and a foreiner, could not understand our English tongue. And partly again being but one mā neither could he alone come to the sight of all our Latin authors. One I am sure came not to his perusing, an old ancient Latin history fair written in patchment (but without name) belonging to the library of William Cary Citizen of London. In which story, the truth of this matter • out all ambiguity is there fully and with all circumstances expressed, as here briefly is excerpted.
The king of England had been diverse & sundry times cited up to the Courte of France, to do homage to the French king, for the Dukedom of Aquitane & other lands which the king then held of France. Which homage because the king of England refused to tender: the French K. began to enter at such possessions as the king then did hold in France, Whereupon, great contention and confirtes there were on both sides. At length in this year now present, a Parliament was called at London. Where (after much altercation) at last it was determined: that certain should be sent over, to wit the Bishops of Winchester, and Norwich, and the Earl of Richmond, to make agreement betwixt the two kings. For the better help and fortification of which agreement, it was thought good afterward: that Queen Isabell, sister to Charles then y e French king should be sent over. Where is to be noted first that the Queens lands, possessions and castles a little before upon the breach between the French king and the Kyng of England, were seised into the kings hands, and the Queen put to her pension. &c. Thus the Queen being sent over with a few, to attend upon her, only Syr John Cromwell Baron, and 4. knights, took their passage into France: by whose mediation, it was there concluded that the king of England (if he would not himself come to do his homage) he should give to his son Edward, the Dukedom of Aquitanie, and the Earldom of Pontine and so he to come to make his homage to the king, and to podesle the same. This being in France concluded, was sent over by message to the king of England, with y e kings letters patentes adjoined for the sat conduct of him or of his son. Upon this, deliberation was taken in the counsalle of England. But the two Spensers fearing to take the Seas either with the king, or else without the king to remain behind for scare of the nobles: so appointed, that Prince Edward the kings son was sent, which happened after to their utter desolation, as it followed. For all things being quieted & ordered according to y e agreement in France, K. Edward of England soon after Michaelmas, sendeth for his wife and his son again out of France. But the sending home most part of her family, reinseth herself • to return. For what cause it is not fully certain, whether for indignation that her possessions and lands were seised to the King, as is afore premised: or whether for fear and hatred of the Spensers, as is likely: or else for love and familiarity of Syr Roger Mortimer. For here is to be noted, that the said Syr Roger Mortimer, with diverse other of the Barons part, which had broken prison in England, were fled before into France, and now resorted unto the Queen. The king seeing this, giveth forth in proclamation, and limitteth a certain day to y • Queen and his son to return: or else to be proclaimed traitors to the King and to the Realm. Notwithstanding, the Queen persisting in her purpose, denieth to return, unless the other Nobles which were fled, might be permitted safely also to return with her. Whereupon, the king immediately caused them both to be proclaimed traitors; and all them that took their partes.
Here then began great hatred between king & king, between the king & the Queen, much preparation of war great spoiling on the sea, much sending between the pope & thē, but that would not serve. Then the K. (by the counsel of the Spensers) sendeth privily to procure the death of the Queen and of his son: which should be wrought by the execution of the Earl of Richmond, y e Queens familiar. But as the Lord would, that imaginatiō was prevented and utterly frustrate. Albeit, the Queen yet notwithstanding, whether misdoubting and fearing what corruptiō of • ony might do in the court of France: or whether the French king being threatened by the king of England, and by the Pope, durst not detain her: she removed from thence, & was received with Edward her son ioyously and honourably, in the Court or country of the Earl of Denawde, Where by means of such as were about her a marriage was concluded between the said Edward her son being of the age of 14. year, and Phillip the foresaid Earls daughter. When this was noised in Eng. diverse men of honor & name came over to the Queen. And soon after the Earl of Daynawde prepared a crew of 5. hundred men of arms to set over the young Prince in his mother into England. Of this, the same sprang shortly through the realm. Wherefore, the K. in all defensable ways made proiusiō to have the hauens and ports of his land surely kept, for to resist the landing of his enemies. On the contrary side, the Queen with no less preparation provideth all things to her expedition necessary. Who when she saw her time, speeding herself to the Sea coast with Prince Edward her son, Lord Edmund Earl of Kent the Kings brother, Syr Roger Mortimer, the Lord Hygmore and other exiles of England, accompanied also with the foresaid Hainawders, of whō Syr John Henawd the Earls brother was Captayne of Englishmen & strangers having with her, the nuūber of 2757. soldiers she took shipping in those partes, & had the wind so favorable, that they landed in England at a porte called Orwel beside Harwich in Suffolk, in the Dominion of the Earl Marshal the month of September. To whom after her landing resorted Earl Marshall, the Earl of Leicester, with other Barons Knightes, and Bishops also: namely of Lincoln, Hereforde, Duresine, and Eli: The Archbishop of Canterbury though he came not himself, yet sent his aid and money. Thus the Queen well furnished with plenty both of men and vitaile, setteth forward toward London: so that the further she came the more her number daily increased, and the kings power contrary, decreased, insomuch that as mine author affirmeth, not one almost in all the Realm could be hyzed with any wages to fight on the kings behalf against the Queen. Neither did the Queens army hurt any man or child, either in goods or any other thing, by the way.
At the arriving of the Queen, the King was then in London, which first would not believe it to be true. Afterward (seeing and perceiving how it was) he asketh help of the Londoners. Who after mature abuisement; rendered this answer to the king again: that as touching the King, the Queen, and their son (the lawful heir of the kingdom) they were ready withal duty and service to honor and obey. As for strangers and traitors to the realm, they would receive none such within their City gates. Furthermore to go out of the City to fight, that they said they would not, unless it were so, that according to y • liberties of their city, they might return home again before son set. The king hearing this answer (which liked him not well) fortifieth the Tower of London with men & vitaile: commieting the custody thereof to John Ealtham his younger son, and to the wife of Hugh Spenser his niece. And leaving Walter Stapleton Bysh. of Excter behind him to have the rule of the city of London: he himself hearing daily the great recourse of the people that drew to y e Queen: For more safeguard to himself, fled w t a small company Westward toward Wales. But before his departing frō London, he caused a proclamation to be made: wherein, all & singular persons were charged upon forteite of life & goods: every man w t all his power to rile & muade the rebels & destroy them all, only the life of the Queen his son, and his brother reserned. Also that no man, vpō pain pretaxate, should help, rescue, or relieve the said rebels, with goods, vitailes, or any otherwise. Item, it was also proclaimed, that whosoever would bring to the King the head and body either dead or alive of Sir Roger Mortimer: should have out of the kings cofers, W. pound.
In contrariwise, the Queen setteth forth another proclamation, wherein it was forbidden, to take spoil violently the value of any man's goods against the will of the owner, under pain of loosing his finger, if it were 3. d. Of his hand, if it were 6. d. Of his head, if it were 12. d. Moreover who soever would bring to the Queen the head of Hugh Spencer the younger chopped off from his body: should receive for so doing of the Queen 2. thounsand pounds. This done, the Queen sendeth her letters to the Citty of London for aid and succont to subdue the oppressor of the Realm, to the which letters first no answer was made. Again, she wrote the second letter, which was then tacked upon the cross in Cheape, which was then called the new cross. The copy and tenor of which letter was this.
The copy of a letter that the Queen sent unto the Mayor and Citizens of London.
For as much as we have before this time sent to you by our letters, and howe we come into this lande in good array and good manner, for the profit of holy Church and of our right dear Lord and king, and all the Realm with all our might and strength, to keep and maintain the Realm as all good people ought for to do. Upon that we pray you and desire you that ye would be helping to us for the health and profit of the Realm, and we have had none answer of you, nor know not your will in that parte. Wherefore we send to you again and pray you, & charge you, that ye beat you so against us, that ye have nor make no cause us to grieve, but that ye be to us helping in all the ways that you may. And were ye well in certain that we and also those that cometh with us into this realm, nothing for to done, but that shall be pleasing to God, and common profit to all the Realm. Not else, but for to destroy the Spensers, enemies to the Realm as ye well know. Wherefore we pray and charge you, in the faith that ye owe to our Lord the king to the Crown and to us, and upon all that ye may forfeite, that if Hugh Spenser both the father and the son our enemies come within your power, that ye do thē hastily to be take, & fastly kept, til we have ordained for them our will. And as ye desire profit and honor of us, and of the Realm. Understanding well if it be so that ye do our desire and prayer, we shall the more be beholden to you. And also we shall do you profit and worship if that ye send us hastily word again of our will.
Geuen at Baldocke the sixth day of October.
These foresaid letters being published and perused, the Bishop of Exceter, to whom (as ye heard) was committed the rule of the City: sent to the Major for their keys of the gates, using so sharp words in the kings name: y • variance began to kindle between him and the Citizens, so far forth that the commons in their rage took the foresaid Bishop and beheaded him and two of his household at y t Stādard in Cheape. Then the king went to Bristow, and ordained sir Hugh Spēser the father there to keep the Castle and the town: and the king with Hugh Spencer the son, and Syr Robert Baldocke Chancellor, & the Earl of Arundell went into Wales. And the Queen so pursued them, that first they took the town yielded up to her: Then they took syr Hugh Spenser the father, whom being drawn, and torn, they at last hanged up at Bristow in chains of iron. As the king was thus flying, y • queen caused to be proclaimed through her army, that the Kyng should come and appear, and so to receive his kingdom again if he would be conformable to his liege subjects. Who when he did not appear, Prince Edward his son was proclaimed high keeper of the Realm.
In the mean time Henry Earl of Lancaster, & brother to the good Earl Thomas which before was beheaded, also Lord William Souch, and M. Upphowell were sent by the Queen into Wales to pursue the king: & there took him, and sent him to the Castell of Kenelworth: And took Hugh Spenser the son, and Sir Robert Baldock Chancellor, and sir John Earl of Arundell, & brought them all to the town of Hereford, And anon after, Hugh Spenser the son was drawn and hanged on a gallows fiftye foot high, and after beheaded, and quartered, whose quarters were sent into 4. quarters of the Realm. Syr John of Arundel was beheaded, sir Robert Baldock was put in Newgate at London, where shortly after he pyned away and died among the thieves. This done, a Parliament was assembled at London, from whence message was sent to the Kyng, that if he would resign up his Crown, his son should have it after him: If not, another should take it to whom the lot would give it. Wherevpon, the king being constrained to yield up his Crown to his son was kept in prison and after had to Barkley: where he is said to take great repentance. After this message being sent, and the king half condescending thereunto (the Parliament notwithstanding prosecuting and going forward) there was a bill exhibited and put up containing certain articles against the said Kyng, then in prison in the Castle of Barkley, touching his misbehavior and imprudent governing of the realm: which bill, openly before all the Lord's and commons by the speaker of the Parliament house was read. After long consultation thereof amongst themselves touching those articles, and also for the better and more circumspect government of the Realm from that time forth: it was consulted and agreed upon by the Lord's spiritual and temporal, and commons there assembled: that they said Edward was a man not meet to be their Kyng, nor from that time forth any more to bear the Crown royal or title of a Kyng. But that Edward his eldest son, who there in the same court of high Parliament was present, as he was rightful heir and inheritor thereunto: so should he be crowned king thereof in his fathers stead, with these conditions thereunto annexed: That he should take wise, sage, and true Counsellers unto him. That the Realm might be better and more circumspectly governed: then before in the time of Edward his father it was: That the old King his Father should be honourably provided for and kept, so long as he lived, according as unto his estate it appertained. &c. These and other things thus finished and ended, the Parliament breaketh up, and all things necessary to the coronation of a Prince appertaining were in speedy wise prepared, whereof more hereafter (Christ willing) shall be specified.
In the mean time as touching the king which was yet in prison, it is thought by some writers: that the next year following by the means of syr Roger Mortimer, he was miserably slain, with a spit (as is said) being thrust up into his body, and was buried at Gloucester, after he had reigned xix. years.
In the time and reign of this King, the College of Cambridge called Michael house was founded and built by Syr Henry Stantō Knight, to the use and increase of learning: a thing in a common wealth very profitable And necessary to be had, the want and need whereof, many sundry times, is sooner felt in this realm of ours, and other Realms abroad, then is the discommoditie thereof, of most men commonly understood.
About the same time also, was Nicholaus de Lyra, which wrote the ordinary gloss of the Bible. Also Gulielmus Oceham, a worthy divine, and of a right sincere judgment, as the times then would either give or suffer.
In the tractation of this kings history, before was declared what grudge did kindle in the harts of the Barons against the king, for revoking such acts and customs, as had been before in the Parliament established, both for Peter Gauestō, & for y t two Spensers. Also what severe punishment the king did execute upon them for the same, in such cruel and rigorous sort, that as he spared none of them, whom he could there find: so he never ceased all his life after to inquire out and to be revenged of all such, as had been in any part or consenting to that matter. For the which his extreme and implacable tyranny, he was in such hatred of all the people: that as he said, he could not find one of all the commons to take his part, when need required. Among all other which were for that matter troubled was one Adam Bishop of Hereford: who being unpeached of treason with other moe, was at length arrested in the Parliament, to appear and answer to that should be to him objected. Many things there were laid against him, for taking part with them that rose against the Kyng with matters moe and heinous rebukes &c. Whereunto, the Bishop a great while answered nothing.
At length, the Bishop claiming the liberties and privileges of the Church, answered to the king in this form. The due reverence of your Princely majesty ever saved,
This Archb. was Walter Winchelsey, after whom succeeded Simon Mepham in the same see of Canterbury. an. 1327. Ex Thom. Walsingham.
After pope Clement the 5. by whose decease the Romish see stood vacant (as ye heard) two years and 3. months next was elected Pope John 22. a Cistercian monk, who fare in that papacy 18. years. He was stout and inflexible, given so much to the heaping of riches: that he proclaimed them heretics, which taught that Christ and his Apostles had no possessions of their own in this world.
At this time was Emperor Ludonicus Bauarus, a worthy man: who with this Pope and other that followed him, had no less contention, then had Fredericus before mentioned in the time of king Henry the third. Insomuch that this contention and variance continued the space of 24. years. The cause and first origene of this tragical conflicte, rose upon the constitution of Clement the 5. predecessor to this pope, by whom it was ordained as is afore mentioned, that Emperors by the Germayne Princes elected, might be called kings of the Romans, but might not enjoy the title or right of the Empire to be nominated Emperor, without their confirmation given by the Pope. Wherefore, this foresaid Emperor because he used the emperiall dignity in Italy, before he was authorised by the pope: the said Pope therefore excommunicated the Emperor. And notwithstanding, the Emperor oftentimes did profer himself to make entreaty of peace and concord, yet the Pope inflexible would not bend. The writings of both partes yet be extant, wherein the said Bishop doth make his auaunt: that he had full power to treat and depose kings and Emperors at his pleasure. In the same time were diverse learned men, which seeing the matter: did greatly disallow the Bishop of Rome's doings, among whom was Guillerne Ocham, whose tractations were afterward condemned by the Pope, for writing against the temporal jurisdiction of their see. And another named Marselius Patauius, which wrote the book entitled Defensor pacis, given up to the hands of the said Emperor, wherein the controversy of the Popes unlawful iuiurisdiction in things temporal is largely disputed & the usurped authority of that see set forth to the uttermost. It is found in some writers, that a great cause of this variance first began, for that one of the Emperors secretaries, unknowing to the Emperor: in certain of his letters, had likened the Papal see to the beast rising out of the sea in the Apocalypse. At length, when the Emperor after much suit made to the pope at Avigno, could not obtain his coronation: coming to Rome, was there received w t great honor, where he with his wife were both crowned by the full consent of all the Lord's and Cardinals there, and moreover, another pope there set up, called Nicholas the fifth. After which things done, the Pope not long after departed at Avigno in France, after whom succeeded then Benedictus 12. a monk of Benedicts order, and rained 7. years. Who by the counsel of Phillip the French king confirmed and prosecuted the censures and cursinges that John his predecessor had published against Louis the Emperor: Moreover deprived him of his Imperial Crown, and also of his Dukedom of Bavaria. The Emperor upon this cometh to Germany, and assembling the Princes electors, Dukes, Bishops, Nobles, and the learned in a council at Frankford: there declared before them out of the ancient laws and customs of the Empire, how it standeth only in the Princes Electors, and in none other to elect the k. or the Emperors of the Romaines (for in both these names was no difference) so that the same Electors in choosing the king of the Romans, did also elect and choose the Emperor, which Emperor so by them constitute had lawful right, without any information of the Apostolical see, to exercise the administration of the Empire. And if he were lawfully elect, ought to be annointed of the Roman Bishop: which if he do refuse, then might he be annointed and declared Emperor and Augustus by any other Catholic Bishoppe thereunto appointed (as by the old manner and custom hath been) especially seeing these injunctions, are but certain solēnities added and invented by the bishops, only for a token of unity between the church & Empire, to govern and defend the faith together. Wherefore in that the Emperor sweareth to the bish. of Rome: in that is to be understand no homage or fealty made to the Bishop, but only is a Sacrament & a promise givē to defend the faith. The which oth or sacrament so given, giveth no maioritie to the Pope in any temporal rule, but only byndeth y e Emperor to be priest and ready to defend the faith & church of Christ, when need shall require obedience. Wherefore, where as the Pope leaneth only to the electors authority to make the k. of Romans, and taketh upon himself alone to make the Emperor that as it is newly brought in & devised a late by pope Clement the 5. so is it contrary both to all ancient order, and also derogatory to the liberty & majesty of the sacrate Empire. Agayne, neither is that also less absurd and contrary to all right and reason: y t the pope in time of the imperial seat being vacant, taketh upon him to have the whole & full doings of the Empire, as lawful Emperor for the time. Which prerogative and function, by ancient orders of our forcelders, should properly & only appertain to the Palatine of Rhene, the Constitution Clementine of the foresaid Pope Clement to the contrary notwithstanding. Then in the end for his own excuse, he in the presence of them all reciteth the public confession of his faith, to answer & purge himself of those objections laid to him by the pope. This did the meek Emperor Ludouicke in that Council: yet all this not withstanding, the said Emperor remained still excommunicate, till time variance fell between this pope Benedict and Philip the French king. Wherefore to make his party good, at least to have some friends to flee to: he began to pretend favor & absolution, rather for necessity, then for any good will to the Emperor. But not long after, this Pope died: of who this Epitaph was made.
After whom followed Pope Clement the sixth, a man most furious and cruel. Who renning again the former excommunications of his former predecessors, caused his letters to be set up on Church doors, wherein he threatened & denounced most terrible thunderboltes against the said Louis the Emperor, unless within three day • s he should satisfy to God and the Church, and renounce the Imperial possession of the crown. The Emperor upon this, cometh to Frankford, and there ready to stand in all things to the ordinance of the pope: sendeth his Orators to the court of Rome, to ent • eat the pope of his favor and good will towards him. To the which messengers the Pope answered again, that he would never pardon the Emperor, before he gave over and confessed his errors & here • ies and resigning up his Empire to his hands, woinde submit himself, his children, and all his goods to the will and pleasure of the bishop, promising that he should not receive again any part of the same, but upon his good grace; as his will should be to restore them.
The heresy here mentioned, which was to this Emperor objected by the pope was this: because (as is above touched) he used and executed the Imperial dignity after his election, before he was of the pope confirmed. Ouer & besides the Pope sendeth to the Emperor by the said Orators, a certain form of a bill contained in writing w t certain conditions, which he commanded to be given to the hands of the Emperor. Here if the Emperor Lewis had had as much mind to set upon the Pope with dint of sword, as he lacked neither occasion nor power so to do: what blood might here have been spilled? But the good Emperor sparing the effusion of blood, receiveth gently the bill: and not only with his seal doth confirm it, but also sweareth to observe all y e conditions thereof. Which the pope hearing of, doth greatly marvel. But yet all this would nothing help to mollitie the modest heart of this Pharaoh.
The Princes and electors seeing the bill of the articles and conditions, whereof some sounded to malicious defacing and destructiō of the Empire, abhorring the wickedness thereof: desired the Emperor to stand to the defense of the Imperial Dominion, as he had begoni promising that their assistance & aid, to the uttermost thereunto should not lack. Upon that other Orators were sent to P. Clement from the Princes, desiring him to abstain from such manner of articles conceived against the state and majesty of the Empire. The pope surmising all this to spring from Louis the Emperor, to the utter subversion of him and all his posterity: on Maundy thursday blustereth out most black curses against him, also reneweth all the former processes of his predecessor against him, as against both an heretic & a schismatic, commanding moreover the Princes electors to proceed in choosing a new Emperor. The Archbishop of Mainz seeing the innocence of the emperor, would not consent to the violating of his majesty, wherefore was deprived by the Pope of all his dignities. Wherefore was deprived by the Pope of all his dignity, The other bishops electors, as the Archb. of Cholē, which took 8. thousand marks, with the Duke of Saronye which took 2. thousand marks, being corrupted with money by John king of Boheme: elected Charles the son of the said John, whom Pope Clement eftsoons in his consistory did approve. Who seeth not here what matter was ministered by the P, of war and bloodshed between these 2. Emperors, if the patience of Ludouicke had not been more prudent to quench the fire, then the pope was to kindle it▪ Charles then the new Emperor elect, sped him to Aquisgraue, according to the custom, there to be crowned. But by the Citizens there, and the Empresse (Ludouicus wise keeping there about) was repelled. All this happened in the time and reign of Edward the 3. King of England, with whō the said Charles, with the French k. and king of Boheme, set on by the P. encountered in war where the king of England, had against them a noble victory, and • ue a great number of the Frenchmen and Almaynes, and put Charles the new Emperor to flight. In the mean time, among the Princes and Cities of Germany what sorrow and what complaints were against pope Clement and those electors, it cannot be expressed. For as they were altogether at Spires congregated in a general assembly, so there was none among them all: y • allowed the election of Charles, or that cared for the popes process, promising all to adhere & continue faithful subjects to Ludouicke their lawful Emperor. But Ludouicke remembering his oth made before to the popes bill, voluntary and willingly gave over his Imperial dignity, and went to Burgrauia, where shortly after, through the procured practice of pope Clement (as Hieronimus Marius doth write) poison was given him to drink. After the which being drunk, when he would have vomitted out, and could not: took his horse & went to hun • the bear, whereby through the chasing & heat of his body to expel y e venom. And there the good & gentle Emperor wickedly persecuted & murdered of the P. fell down dead, whom I may well recount among the innocent and blessed martyrs of Christ. For if y e cause being righteous doth make a Martyr, what Papist can justly disprove his cause or faith? if persecution joined thereunto causeth martyrdom, what martyre could be more persecuted thē he? Who having 3. popes, like 3. baddogs vpō him, at length was denoured by the same. The princes then hearing of his death, assembled thenselves to a new election: who refusing Charles aforesaid, elected another for Emperor, named Gunterus de Monte Nigro. Who shortly after falling sick at Franckford through his physicians servant was likewise poisoned, whom the foresaid Charles had hired with money to work that seat. Gunterus tasting of the poysō, although he did partly cast it up again, yet so much remained within him, as made him unable afterward to serve that place. Wherefore for cōcords sake being counseled thereto by the Germaynes, gave over his Empire to Charles. For else, great bloodshed was like to ensue. This Charles thus ambiciously aspiring to the Imperial seat contrary to the minds of the states, and pieres of the Empire, as he did wickedly & unlawfully come by it: so was he by his ambitious guiding, the first and principal mean of the utter ruin of that monarchy. For that he to have his son set up Emperor after him, convented and granted to the Princes electours of Germany, all the public taxes & tributes of the Empire. Which covenant being once made between the Emperor & them, they afterward held so fast, that they caused the Emperor to swear never to revoke or cal back again the same. By reason whereof, the tribute of the countries of Germany, which then belonged only to the Emperor, for the sustentation of his wars: ever since to this day is dispersed diversely into the hands of the Princes, and free cities within the said monarchy. So that both the Empire being disfornished and left desolate, & the Emperors weakened thereby: having neither been able sufficiently since to defend themselves, nor yet to resist the Turk, or other foreign enemies. Whereof a great part, as ye have heard, may be imputed unto the popes. &c. Hieronimus Marius.
This Pope Clement first reduced the year of Iubeley to every 50. year, which before was kept but on y e hundredth year. And so he being absent at Avigno (which he then purchased withhys money to the sea of Rome) caused it to be celebrated at Rome, an. 1350. In the which year were numbered of peregrines going in, and coming out every day at Rome, to the estimation of five thousand. Praemonstrat. The bull of pope Clement given out for this present year of Iubiley, proceedeth in these words as followeth. What person or persons soever for deuotiō sake: shall take their perigrination unto the holy Citty, the same day when he setteth forth out of his house, he may choose unto him what cōfessor or cōfessors either in y e way, or where else he listeth: unto y e which cōfessors, we grant, by our authority plenary power to absolve all cases papal, as fully as if we were in our proper person there present. Item, we grant that whosoever being truly confessed, shall chance by the way to die, he shall be quite and absolved of all his sins. Moreover, we command the Angels of Paradise, to take his soul out of his body being absolved, and to carry it into the glory of Paradise. &c. And in another Bull, we will (saith he) that no pain of hell shall touche him, granting moreover to all and singular person & persons signed with the holy cross, power and authority to deliver and release iii. or iv. souls, whom they list themselves, out of the pains of purgatory. &c.
This Clement (as mine author affirmeth) took upon him so prodigally in his Popedom, that he gave to his Cardinals of Rome, Byshoprickes and benefices, which then were vacant in England: and begā to give them new titles for the same livings he gave them in England. Wherewith the king (as good cause he had) was offended, and undid all the provisions of y e pope within his realm: Commanding under pain of prisonment and life, no man to be so hardy, as to induce & bring in any such provisions of the pope, anymore within his land. And under the same punishment charged the two Cardinals to void y t realm. An. 1343. In the same year all the tenths as well of the templaries as of other spiritual men, were given & paid to the king through the whole realm. An. 1343. And thus much concerning good Ludouicke Emperor and martyr, & Pope Clement y • 6. his enemy. Wherein, because we have a little exceeded the course of years, whereat we left, let us return some what back again, and take such things in order as belong to the church of the England and Scotland, setting forth the reign of king Edward the 3. and the doings of the Church, which in his time have happened, as the grace of Christ our Lord▪ will assiste and able us thereunto.
This foresaid king Edward the second, in his time built 2. houses in Oxford for good letters: to wit, Oriall college and S. Mary Halle.
Here I omit also by the way the furious outrage and conflict which happened in the time of this king, a little before his death, an. 1326. between the townesmen and the Abbey of Bury, wherein the townesmen gathering themselves together in a great multitude (for what cause or old grudge between them, the Register doth not declare) invaded and sacked the monastery. And after they had imprisoned y e monks, they risted the goods and treasure of the whole house, spoiling and carrying away their plate, money, copes, vestimentes, sen • ers, crosses, chalises, basens, jewels, cups, masers, books, w t other ornaments and implementes of the house, to the value inestimable. In the which conflict certain also on both sides were slain. Such was the madness then of that people, that when they had gathered unto them a great concourse of servants & light persons of that country to the number of 20. thousand, to whom they promised liberty & freedom: by virtue of such writs which they had out of that house, first they got into their hands all their evidences, copies & instruments, that they could find: then they took of the lead, that done, setting fire to the Abbey gates they brent up near the whole house. After that they proceeded further to the farms and granges belonging to the said Abbey, whereof they wasted spoiled and brent to the mumber of 22. manour places in one week: transporting away the corn, horses, cartell, and other moveables belonging to the same, the price whereof is registered to come to 922. li. 5, s. 11. d. besides the valuation of other riches and treasure within the Abbey, which cannot be esteemed.
The Abbot all this space was at London in the parliament, by whose procurement at length such rescue was sent down, that 24. of the chief of the town (submitting thenselves) were committed to ward: 30. cartes full of the townesmē were carried to Norwich, of whom 19. were there hanged, diverse were put to convict prison. The whole tounship was condemned in seven score thousand pound, to be paid for damages of the house. John Berton Aldermē, W. Herlng w • i 32. priests, 13. women & 138. other of y e said town were outlawd. Of whō diverse, after grudging at y e Abbot for breaking promise with thē at London, did confederate themselves together, & privily in the night coming to the mannour of Cheninton, where y e Abbot did lie: brast open the gates, who then entering in, first bound all his family: & after they had robbed all his plate, jewels and money, they took the Abbot and shaved him, & secretly w t them conveyed him away to London: where they removing him from street to street unknown, from thence had him over Thames into Kent, at length over y • sea they serried over to Dist in Brabante: where they a sufficient time kept him in much penury, misery and thralldom, till at length the matter being searched, they were all excommunicate, first by the archb. of Cant. then by the pope. And at last being known where he was by his friends, was delivered and rescued out of the thieves hands, and finally brought home with procession, and restored to his house again. And thus was that abbey with the Abbot of y e same (for what demerits I know not) thus vexed and afflicted about this time, as more largely I have seen in their latin register. But thus much briefly, touching the rest I omit here, about the latter end of this Edward the 2. ceaseth the history of Nic. Triuet, and of Flor. Hist passing over to the reign of the next king.
King Edward the 3.
C Oncerning the acts & story of K. Edward the 2. his deposing, & cruel death, wrought by the false and counterfeit letter of sir Roger Mortimer, sent in the kings name to y • keepers (for y e which he was after charged, drawn, & quartered.) I have written sufficiently before, and more peradventure thē the profession of this Ecclesiastical history will well admit. Notwithstanding for certain respects & causes, I thought somewhat to extend my lunittes herein the more, whereby both kings & such as clune to be about them may take the better example by the same, the one to have y e love of his subjects, the other to learn to flee ambition, & not to bear themselves to brag of their fortune and state, how hye so ever it be. Considering with thenselves nothing to be in this worldo so firm and sure, that may promise it self any certain continuance, & is not in perpetual danger of mutatiō unless it be fastened by God his protection.
After the suppression of this king, as is above expressed Edward his soon was crowned king of England, being about the year of 15. & raygned the space of 50. years, who was a prince of much and great temperance. In fears of arms very expert, and no less fortunate and lucky in all his wars, as his father was infortunate before him. In liberallitie also and clemēcy worthily commended, briefly in all princely virtues, famous and excellent. Concerning the memorable acts of which prince, dove both in wars and peace, as how he subdued y • Scots, had great victoryes by the sea, how he conquered France. an. 1332. wan Calais, an. 1348. and tras • ated the staple thither, took the French king prisoner, & how the French arms first by him was brought in, & conjoined with the English arms, also how the order o • the Garter first by the said k. was invented and ordayued, an. 1356. also an. 1357. How the king in his parliament at Nottingham, decreed, that all such in Flaunders or other where, that had skill in making cloth, should peaceably inhabit the land and be welcome. For 3. years before y • , it was enacted, that no wool should be transported over the sea. Which was to bridle the pride of y t Fleminges who then loved better the sacks of wool, then the nation of Englishmē. All these with other noble acts of this worthy Prince, although in other chronicles be fully entreated of: yet according to that order I have begun (saying somewhat of ech kings reign, although not pertinent to our ecclesiastical history) I have here inserted the same, making hast to other matters, shortly & compendiously abridging them out of diverse & sundry authors together compacted, mentioned in this wise.
The coronation and solemnity of K. Edward the third and all y e pomp thereof was no sooner ended: but Robert of Bruse K. of Scotland, understanding the state and government of y e realm to be (as it was in deed) in y e queen, the young king, the Earl of Kent, and sir Roger Mortimer And that the Lord's and Barons, as he was informed, did scarcely well agree amongst themselves (although he grew now in age, and was troubled with the falling disease) Yet thought he this a meet time for his purpose, to make invasion. Hooping for as good success & like victory now, as but lately before he had at y • castle of Eustriuelin. Wherupō about the feast of Easter, he sent his Ambassadors with Heralds and letters of defiance to the young king Edward the 3. the Queen, & counsel: declaring that his purpose was w t fire and sword to enter and invade the Realm of England. &c. The K. Queen, and counsel hearing this bold defiance, commanded in all speedy preparation musters to be made throughout all the realm: appointing to every band captains convenient, & at the city of York by a day assigned them, commanding every man to be with all their necessary furniture ready and thoroughly provided They directed their letters also with all speed to sir John of Heynault, requiring him with such soldiers and men at arms as he might conveniently provide in Flaunders, Heynalt, and Grabant, to meet the king and Queen upon the Ascension day next ensuing at their Citty of York.
The king & Queen made speedy preparation for this expeditiō: The noble men provided thenselves of all things necessary thereunto: the English captaynes and soldiers (their bands thoroughly furnished) were ready at their appointed time and place: Sir John of Heynalt, Lord Bedmount mustering his men as fast, was ready to take shipping: where at Wysant (in English Bothoms there lying for him ready) he went aboard, and w t a merry wind landed at Dover, travailing frō thence by small journeys daily, till he came w t in 3. days after the feast of Pentecost to the City of York: where the king and Queen w t a great power of 6000. men (within and about the City of York) expected his coming: Before whom, in courteous wise he presented himself, and mustered his troupe, wherein he had to the number of 500. good men at arms well appointed & moūted. His coming and furniture was well liked both of y e king & Queen, & was by the Harbinger, appointed to be lodged with his household retinue in the Abbey of white monks. To be brief, such grudge and variance fell between some of the kings soldiers and his, within the suburbs of the town being together lodged: That from the little to y e more, whiles the king & Queen with diverse other of the nobles, (strangers & others) were at dinner: the said fray so greatly increased, that the whole army as many as wer in the town then lodged, stood to their defense: so that there was slain of the english archers in short space by the strangers to the mumber of 300. men. Wherupō grew (after y e fray was w t much difficulty both of the king & Queen ended) such hartburning between the parties: as that the number of 6000. conspired together against thē: thinking to have burnt them in their lodginges, had they not been by the great grace of God & discrete handling, otherwise prevented & let. Wherupō the Heynolders were fain to take & keep the field, using as diligent watch and ward, as though they had been among their hostile enemies. After this, the king set forward his army toward Durham, & encamped himself near about the same: who also sent the Lord Ufford & the Lord Mounbry to Carlell with a sufficient company to keep that entrance: and also the Lord marshal of England to keep the town of Newcastle with a sufficient company to defend the same, and the country adjoining. For well knew the king, that by one of these two entries, the Scots must pass into England, standing both of them upon the river of Tyne, 24. miles distant.
But the Scots privily with their army passed the river betwixt the two towns into England, few understanding thereof, till that the great fyers which the Scots had kindled and made in England bewrayed them: who came burning and destroing the country all about as far as Stānop park. This thing being declared to the king, he commandeth his host with all speed to march towards thē, which so long travailed y t they came in sight ech of other. The K. also commanded the passages of y • river to be so straitly & narrowly guarded, that by no means y • Scots could retire and have escaped back again into Scotland, without battle given them of the K. But the Scots understanding the great power of the king was of, kept always the advantage of the hills retiring in the nights frō one to another: that w t out great odds & advantage in the one side & hazard to the other, the king could not set upon them.
Thus in the day time the Scots keeping the advantage of the hills, and in the night times retiring to the advantage of such other like came near against that river where they first passed over, where they made a show to offer battle to the K. upon the morrow. Wherupon the king being busied in putting his mē and battles in a readiness to fight the next morning, being almost forweried in pursuing the Scots frō place to place: the Scots in the mean season gat over the river and escaped the danger of the K. Which thing as it could not be done: without great treasō of some near about the king: so sir Roger Mortimer was grievously suspected thereof, and after was laid unto his charge. But to be short, by this means the Scots escaped the river, after whom it should have prevailed the King very little to have made pursuit as the wily Scots knew full well. For the joy whereof, y e L. William Douglas one of the Scots Generals, w t 200. horses gave a larum in the kings camp: & came so near, y t he cut certain of the lines of the kings tent in sunder w t his sword, and retired to his company without great loss of any of his mē. Then on the morrow the king perceiving the Scots to be gone, came to the place where over night they lodged, where was found 500. great Oxen and Kyne ready killed: five hundred Caudrens made of beasts skins full of flesh, over the fire seething: a thousands speetes full of flesh ready to be roasted, and more then 10000. shoes of raw leather (the hear still upon the same) which the Scots had left behind them: and five poor English prisoners tied to trees & their legs broken. All which seeing the king, returned w t his army (and left any further pursuing the Scots) to Durham: where he dismissed his army, and came again to London sending with Syr John of Heynalt two hundred men at arms for their better safeguard against the english archers (with whom at York as you heard they frayed) till they had taken shipping, and so returned home.
The king then being at London, confirmed the liberties of the Citizens, and ordained that the Major should sit in all places as chief Justice within the liberties of the same. And that what Alderman soever had been Mayor before, should be a Justice of peace within his own ward.
Then the king, the Queen, and the counsel sent over to the Earl of Heynault certain Ambassadors, touching the solemnisation of the marriage between the king and the Lady Philip his daughter: who in such sort sped their message, y t she was soon after conveyed over to England very honourably, and at Dover ariued. And from thence came to London (some Chronicles affirm to York) where upon the day of the conversion of S. Paul, the year above specified, the marriage and coronation of the Queen was w t much triumph during the space of 3. weeks solemnised.
After which coronation and marriage, the king let sommon his Parliament to be kept at Northampton: whereat by the means of sir Roger Mortimer and the old queen, a peace was purchased for the Scots (who had for that purpose sent their Ambassadors) for four years to endure. Also the king (then being within age) granted to release the Scots of all their homage and fealty which unto the realm of England by their charter ensealed they were bound: as also their indenture which was called the Ragman Role, wherein was specified the foresaid homage and fealty to the king and crown of England, by the said king of Scots, nobles and prelates to be made: having all their seals annexed to the same. Also there was then delivered unto them, the black cross of Scotland, which king Edward before for a rich Jewel and relique had conquered & brought from Scone Abbey: with all such rites and titles as any the Barons else, had enjoyed in the said Realm of Scotland: with many other things more: to the great prejudice both of the Realm & discontentation of all the nobles and Barons for y • most part more then the old queen, syr Roger Mortimer, and the Bysh. of Eli. Who in such force ruled the roast, y t all the rest of the nobles & barons, cast with thenselves how best they might redress & remedy the great inconveniences, y t unto the realm by means of thē grew and happened. Wherupon the king & Queen and sir Roger Mortimer, caused another Parliament to be called at Salisbury, where the said syr Roger Mortimer was made Earl of March against all the barons wills, to prevent & disapoynt the foresaid purpose of them, but the Earl Henry of Lancaster with others, would not be at the same: wherefore it was said unto their charges, that they went about to conspire the kings death.
And further, for that the king was as well under the government of the Earl of Kent his uncle, as the Queen his mother, and the Earl of March: & for that, they could not do in all things as they lifted for the said Earl the k • nges uncle, who loved the king and the Realm: Envy began to rise between the Earl Mortim • r and him, and by Isabell the Queens practice, he found, the means to persuade the king: that the Earl of Kent (to enjoy the Crown as next heir unto the king) went about to poison him. Wherupon the king giving light credit, caused his said uncle to be apprehended: & w t out answer making to his accusation & accusers, to be beheaded at Winchester, the third of October and 3. year of his reign. But y e just judgment of God not permitting such odious crimes in him to be unpunished nor vndetected, so in five fell forth: that Isabell the old Queen the kings mother, was found and understood to be with child by the said Mortimer. Complaynt hereof was made to the K. as also the killing of king Edward his father, and of the conspiracy of him against the Earl of Kent the kings uncle before put to death: Whereupon diverse other articles laid against him and manifestly read in the court, he was araigned and indighted, and by verdit found gilty: having his judgment as in cases of high treason, and suffered death accordingly at London, where upon London bridge next unto Spensers, his head obtained a place. The Queen his mother also (by good advise of his counsel) was restrained of her liberty, and within a certain castle not permitted once to come abroad: Unto whō the king her son, once or twice a year would resort and visit.
This year, Prince Edward was borne at Woodstock who in process of time and years grew, to be a most valiant prince, and was before he died, accounted throughout the world the follower of chiualry.
After this, the king prepared another army into Scotland in the year prefixed. But first he sūmoned king David of Scotland, who had (in the last truce 4. years to continue as you heard, his father then living) married the Lady Jane, sister to the king: termed Jane make peace, to do his homage to the king but that he refused. Wherupon, not forgetting there withal the scoffing times, which daily from that time of truce the Scots had in their mouths: he did so much that with an army well furnished, he entered Scotland by the river of Twede, for the Scots had then the possession of y t town of Barwick: the Scottish Gigges & runes were these. Long beards hartles, Paynted hoodes witles, Gay coats graceless, Makes England thristles, To be short, the king wasted the land, burnt, destroyed, & took towns and castels with small resistance or none: and the space of 6. months together did in that land what him listed without any battle offered to him. For the king of Scots was but a child & not above they age of 15. years and wanted good captains that should have defended the realm: in so much y t they were all fain saving those that kept in holds for their defense to take the forest of Godworth, & there kept to themselves so long as the king remained in Scotland: Who at length when he had sufficiently wasted, and spoiled, & brent the same, returned toward Barwicke, about the which he bent his siege, vowing not to remove the same, till he had gotten the town.
The Scots that kept the same, after a certain time and many assaults made, were contented upon certain conditions to have delivered up the town: But that the king refused, unless that all conditions set apart, they would w t bag and bagage depart. Whereupon they condescended to the king, that if by a certain time they were not by the king of Scots rescued, they would render up the town and with bag and bagage depart: & and so the time expired frustrate of all hope & rescue, at the day appointed they did. The king then entered the town and tarried there the space of 12. days: who after he had appointed sir Edward Baillew Captayn over the town and leaving also behind him other knights, Squires, and Souldiors as well to keep the same as other holds the king had conquered in Scotland and fronters thereof: He returned with his people towards London, permitting every man to depart and go what way them liked.
Then sir Robert de Artoys, a Noble man of France, and which descended of the blood royal, being in England with the king: ceased not oftentimes to advertise the king and put him in memory of his good & right title to the inheritance of the crown of France. This sir Robert, for a certain displeasure that Phillip the French king took against him for a certain plea which by him was moved before the king: was fain for the safeguard of his life to flee the Realm of France, and so came to the kings Court. King Edward was not unwilling at all to hear thereof, but took delight oftentimes to reason and debate that matter with him concerning his right, title, and inheritance to the crown of France. But yet notw t standing, he thought it not good to make any attempt thereunto without advised and circūspect counsel, for that it contained matter of no small, but most difficult importance: neither yet he took it to deserve the fame either of wisdom or prowes to let so good a title die, or so fit opportunity to pass. Wherefore he calling together certain of his counsel, used their deliberate aduises touching the seriousnes of this matter. In fine, it was by them thought good, y • the king should send certain Ambassadors over to the Earl of Reynault, whose daughter he had married, as well to hear his advise and counsel herein: as also of what friends and aid, by him & his means in this so great an expeditiō to be begun in the Empire, to him might be procured. The king hereunto cōdescendeth, & appointeth for this Embassage y • bishop of Lincoln with 2. other Barenets, and 2. Doctors: who in such speedy wise made their voyage, that in short space they returned again to the king with this answer That not only the Earl his counsel & advise, should be herein pressed to the king of England their master, but also the whole country of Heynault. And further for that to such an expedition as appertained he said, the province of Reynault was but a small matter to make account of: he would procure for the king greater aid & friendship in the Empire, as the Duke of Brabant his cousin German, and a puissant Prince, the Duke of Guerles, the Archbishop of Colayne, the Marques of Iuliers. &c. which are all good men of war, and able to make 10. thousand fighting men saith he. Which answer well liked the king, and made him joyous thereof. But this counsel of the king as secret as it was, came to Phillip the French kings cares: whereupon, he stayed the voyage of the Crosie which then he had in hand, sending forth countermaundes to stay the same, til he knew farther the purpose of the king of England.
The king hereupon himself taketh shipping accompanied as to a king appertained, and when he had consulted with all the foresaid Lord's of the Empire in this matter and understood their fidelity: he made his repair to the Emperor at whose hands he was well entertained & honorable received, whō the Emp. appointed to be his Lie • etenant general, having thereby more authority both to will & command such as for this his expedition he trusted unto, and had made conuention with. This hearing Phillip, prepared his army and rigged his nauy, that so soon as the K should enter into the dominiō of France, they also might enter into England, requiting like for like.
The king of England, after the feast of S. John the Baptist, according to his purpose, prepared all things ready to such an expeditiō, cōducting his army & gathering a greater strength in the Empire, as before to him was promised using the Emperors authority therein, as his lieftenant general, howbeit at the charge altogether of the K. of England. The French king as soon as king Edward, had landed his army at Mackline in Flaunders, and hearing of the defiance, which the king and other Noble men of the Empire had sent unto him: Sent certain ships lying ready thereunto, and waiting for such opportunity upon the cost of England, did so much that upon a Sunday, whilst the towns men were at the Church little looking for any such matter, entered the haven of Southampton, took the town and spoiled the same, deflowered maidens, enforced wives, brent, killed, took captives, and carried away riche Ipoyles and great booties to their ships, and so again departed into France. Further, as the king of England had allied himself with the noble men of the Empire, and had the friendly favor of the Emperor also thereunto: so the French king made the like league and alliance with David the king of Scots, whom the king had so hardly dealt with all in Scotland (as partly before you had) and kept the most part of Scotland under his subjection: Binding the said David is well by writing, as oth & pledge, that without his consent he should make no peace nor conclude any truce with the king of England, who again assured him of aid, and rescue, and help, and to recover his kingdom & dominiō to his use! and forth with sent certain garrisons & bands into Scotland to keep play with the Englishmen and there to fortify diverse places till further opportunity served. He also fortified with men, money, vitayle, and munitiō, the town of Cambrey: which he suspected would be besieged, lying so near vpō y t Empire as in deed it came to pass. For, King Edward departing from Macheline, set forward his host towards Heynault, and by the way assembled such power, as in the Empirie he looked for, marching forward still till that they came to Cambrey & it besieged with 40000. men: while that with another company, the Fleminges, Brabanters, and Holenders, went to S. Quentin. But in effect, neither there, nor at Cambrey nor else where: anything notorious was achieued, but the summer being well spent and little prevailing in the siege of Cambrey, being of situation strong & well defensed therwall w t men & munition: brake up the siege, & marched further into the heart of France towards Mutterell. Which thing the French king having understanding of, prepared himself to give battle to the king of England, who with another great army came to Uirōfosse, where days were appointed to meet in battle: but in the end, nothing was done nor attempted between the princes. And the king of England (without any battle either giving or taking) returned with his army from thence to Gaunt. Concerning the cause of the sudden removing of the K. out of France, seemeth most specially to rise of the pope: which at the same time sent down his Legates, for the order of a peace to be taken between the kings. At Gaunt was gathered by the kings appointment all the nobles as well of England, as of the Empire in counsel together what was best to be done. Where plain answer was made to the king of England, that unless he would take upon him the claim and title of France, as his lawful inheritance and as King thereof prosecute his wars: It might not be lawful for them any further, to aid the king of England, or to fight with him against the French king: for that the Pope had bound them in two millions of Florences of gold, and under pain of excommunication, y t they should not fight against the lawful king of France. Whereupon, the king thought good therefore presently to make open challenge to the Realm and Crown of France: and further, to quarter & intermingle the arms of France, with the arms of England in one Scootchen. Wherupon eftsoons K. Edward made answer unto the Pope again, directing unto him his letters wherein he declareth at large his right & title unto the Crown of France, purging thereby himself and his cause unto the Bishop. The copy and tenor of which letter, because it is to long to express, it is to be found in the story of